Wills and Trusts
Secure Your Future: Texas Declaration of Guardian Explained
Purpose of a Texas Declaration of Guardian under Texas Estates Code Sec. 1104.103
Designate Preferred Guardian:
The primary purpose is to name a trusted person as guardian if the declarant becomes incapacitated. This person makes personal, medical, and financial decisions for the declarant.
Provide Guidance to the Court:
The declaration clearly states the declarant’s preferences, helping the court’s decision align with the declarant’s wishes.
Reduce Family Conflict:
Specifying preferences in advance reduces potential conflicts among family members about who should be appointed as guardian.
Key Components of a Texas Declaration of Guardian
Designation of Guardian:
The declarant names the person they wish to serve as guardian for personal, medical, and financial decisions.
Alternate Guardians:
The declarant can name alternate guardians if the primary guardian cannot or will not serve.
Declarant’s Signature and Witnesses:
The declarant must sign the document, witnessed by two disinterested witnesses not named as guardians.
Notarization:
Notarizing the document, though not always required, adds authenticity and legal weight.
Importance of a Texas Declaration of Guardian
Control and Autonomy:
The declarant maintains control over their future care by choosing a trusted person to act on their behalf.
Legal Clarity:
The declaration provides clear, legally recognized instructions to the court, reducing ambiguity and ensuring the declarant’s wishes are respected.
Family Harmony:
Clearly stating preferences helps prevent disputes among family members about who should serve as guardian.
Peace of Mind:
Documenting guardianship wishes and knowing the court will consider them gives the declarant peace of mind.
Conclusion
A Texas Declaration of Guardian ensures that your preferences for guardianship are respected if you cannot manage your own affairs. By designating a preferred guardian, you ensure that a trusted person makes your personal, medical, and financial decisions. This protects your interests and provides clear guidance to the court.
Our Texan Estate Plan includes a Declaration of Guardian in the Event of Later Incapacitation or Need.
