Tex. Estates Code § 1104.152
REQUIREMENTS FOR DECLARATION
Texas · Texas Estates Code · Status: effective
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- Citation
- Tex. Estates Code § 1104.152, REQUIREMENTS FOR DECLARATION, Texas, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/625480
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Full text
(a) A declaration appointing an eligible person to be guardian of the person of a parent's child under Section 1104.053(a) or 1104.103(a) must be signed by the declarant and be:
(1) written wholly in the declarant's handwriting; or
(2) attested to in the declarant's presence by at least two credible witnesses who are:
(A) 14 years of age or older; and
(B) not named as guardian or alternate guardian in the declaration.
(b) Notwithstanding Subsection (a), a declaration that is not written wholly in the declarant's handwriting may be signed by another person for the declarant under the direction of and in the presence of the declarant.
(c) A declaration described by Subsection (a)(2) may have attached a self-proving affidavit signed by the declarant and the witnesses attesting to:
(1) the competence of the declarant; and
(2) the execution of the declaration.