Secure Your Future: Texas Declaration of Guardian Explained

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.