Tex. Est. Code Section 1104.153
Form and Content of Declaration and Self-proving Affidavit


(a)

A declaration and affidavit may be in any form adequate to clearly indicate the declarant’s intention to designate a guardian for the declarant’s child.

(b)

The following form may be used but is not required to be used:
I, __________, make this Declaration to appoint as guardian for my child or children, listed as follows, in the event of my death or incapacity:

(add blanks as appropriate)

I designate __________ to serve as guardian of the person of my (child or children), __________ as first alternate guardian of the person of my (child or children), __________ as second alternate guardian of the person of my (child or children), and __________ as third alternate guardian of the person of my (child or children).
I direct that the guardian of the person of my (child or children) serve (with or without) bond.

(If applicable)

I designate __________ to serve as guardian of the estate of my (child or children), __________ as first alternate guardian of the estate of my (child or children), __________ as second alternate guardian of the estate of my (child or children), and __________ as third alternate guardian of the estate of my (child or children).
If any guardian or alternate guardian dies, does not qualify, or resigns, the next named alternate guardian becomes guardian of my (child or children).
Signed this __________ day of __________, 20__.
______________________________
Declarant
Witness Witness
Before me, the undersigned authority, on this date personally appeared __________, the declarant, and __________ and __________ as witnesses, and all being duly sworn, the declarant said that the above instrument was his or her Declaration of Appointment of Guardian for the Declarant’s Children in the Event of Declarant’s Death or Incapacity and that the declarant had made and executed it for the purposes expressed in the declaration. The witnesses declared to me that they are each 14 years of age or older, that they saw the declarant sign the declaration, that they signed the declaration as witnesses, and that the declarant appeared to them to be of sound mind.
______________________________
Declarant
Affiant Affiant
Subscribed and sworn to before me by __________, the above named declarant, and __________ (names of affiants) affiants, on this ___ day of __________, 20__.
___________________________
Notary Public in and for the
State of Texas
My Commission expires:
___________________________
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.

Source: Section 1104.153 — Form and Content of Declaration and Self-proving Affidavit, https://statutes.­capitol.­texas.­gov/Docs/ES/htm/ES.­1104.­htm#1104.­153 (accessed Mar. 23, 2024).

1104.001
Guardian of the Person or Estate
1104.002
Preference of Incapacitated Person
1104.003
Training Required
1104.051
Guardian of Minor Children
1104.052
Guardian for Minor Orphan
1104.053
Guardian Designated by Will or Written Declaration
1104.054
Selection of Guardian by Minor
1104.101
Appointment According to Circumstances and Best Interests
1104.102
Appointment Preferences
1104.103
Designation of Guardian by Will or Written Declaration
1104.151
Definitions
1104.152
Requirements for Declaration
1104.153
Form and Content of Declaration and Self-proving Affidavit
1104.154
Alternative to Self-proving Affidavit
1104.155
Alternate Self-proving of Declaration
1104.156
Filing of Declaration and Self-proving Affidavit
1104.157
Proof of Declaration
1104.158
Prima Facie Evidence
1104.159
Revocation of Declaration
1104.160
Alternate or Other Court-appointed Guardian
1104.201
Definitions
1104.202
Designation of Guardian for Declarant
1104.203
Requirements for Declaration
1104.204
Form and Content of Declaration and Self-proving Affidavit
1104.205
Alternative to Self-proving Affidavit
1104.206
Alternate Self-proving of Declaration
1104.207
Filing of Declaration and Self-proving Affidavit
1104.208
Proof of Declaration
1104.209
Prima Facie Evidence
1104.210
Revocation of Declaration
1104.211
Effect of Divorce on Designation of Spouse
1104.212
Alternate or Other Court-appointed Guardian
1104.251
Certification Required for Certain Guardians
1104.252
Effect of Provisional Certificate
1104.253
Exception for Family Members and Friends
1104.254
Exception for Certain Volunteers
1104.255
Expiration of Certification
1104.256
Failure to Comply
1104.257
Information Regarding Services Provided by Guardianship Program
1104.258
Information Regarding Certain State Employees Providing Guardianship Services
1104.301
Certification and Registration Required
1104.302
Annual Certificate of Registration
1104.303
Requirements of Application
1104.304
Term of Registration
1104.305
Use of Registration Information
1104.306
Use of Names and Business Addresses
1104.351
Incapacity or Inexperience
1104.352
Unsuitability
1104.353
Notoriously Bad Conduct
1104.354
Conflict of Interest
1104.355
Disqualified in Declaration
1104.356
Lack of Certain Required Certification
1104.357
Nonresident Without Resident Agent
1104.358
Subject to Protective Order for Family Violence
1104.359
Effect of Lack of Required Registration
1104.401
Definition
1104.402
Court Clerk’s Duty to Obtain Criminal History Record Information
1104.404
Exception for Information Concerning Certain Persons
1104.405
Information for Exclusive Use of Court
1104.406
Department’s Duty to Obtain Criminal History Record Information
1104.409
Use of Information by Court
1104.411
Criminal Offense for Unauthorized Release or Disclosure
1104.412
Effect of Subchapter on Department’s Authority to Obtain or Use Information

Accessed:
Mar. 23, 2024

§ 1104.153’s source at texas​.gov