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Statutory Declaration of Appointment of Guardian for My Child in the Event of My Death or Incapacity - Texas 2025

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This document is a legal declaration for appointing guardians for a person's children in the event of their death or incapacity. It outlines the primary guardian and alternate guardians for both the person and estate of the children, along with provisions for witnessing and notarization to ensure its validity.

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How do you designate a legal guardian in case of death in Texas?

In the event the need arises, the declaration allows you to specify, either in your will or by written declaration, who you would like to be the guardian of your estate or person if you are ever found to be legally incompetent by the court. It is important to note that guardianship trumps power of attorney.

What is a declaration of guardianship used for?

Under Texas law, an incapacitated person is defined as an individual who, because of a physical or mental condition, is substantially unable to: Provide food, clothing, or shelter for themselves; Care for their own physical health; Or manage their own financial affairs.

What is a declaration of guardian in Texas?

Texas Health and Human Services explains that the process of appointing a legal guardian include the following steps: Filing an application with the court. Having a hearing before a judge. Having a judge appoint a guardian.

What are the disadvantages of being a guardian?

There may be an unnecessary infringement of the alleged incapacitated persons privacy, freedom and loss of decision-making authority. The appointed guardian may over time become overly protective, dominating and arbitrary.

What is a Texas declaration of guardian for a minor?

In the unfortunate situation where a parent is no longer able to take care of their child, whether due to incapacity or death, it is possible that the question arises as to where your child would go. Texas law allows you to appoint a guardian through a form called Declaration of Guardian for Minor Children.

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What is the guardian declaration?

A Declaration of Guardian is a legal document where you tell the court who you want to serve as your guardian if there is ever a guardianship proceeding for you. There are two types of guardians: Guardian of your estate, and guardian of your person.