Texas Estates Code
Sec. § 1104.053
Guardian Designated by Will or Written Declaration


(a)

Notwithstanding Section 1104.001 (Guardian of the Person or Estate) or 1104.051 (Guardian of Minor Children), the surviving parent of a minor may by will or written declaration appoint any eligible person to be guardian of the person of the parents minor children after the parent dies or in the event of the parents incapacity.

(b)

After the surviving parent of a minor dies or if the court finds the surviving parent is an incapacitated person, the court shall appoint the person designated in the will or declaration to serve as guardian of the person of the parents minor children in preference to another otherwise entitled to serve as guardian under this title, unless the court finds that the person designated to serve as guardian:

(1)

is disqualified;

(2)

is deceased;

(3)

refuses to serve; or

(4)

would not serve the minor childrens best interests.

(c)

On compliance with this title, an eligible person is also entitled to be appointed guardian of the minor childrens estates after the surviving parent dies or in the event of the surviving parents incapacity.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Source
Last accessed
Feb. 23, 2020