Texas Probate Code - Section 677A. Written Declarations By Certain Parents To Appoint Guardians For Their Children
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Texas Laws > Probate Code > Texas Probate Code - Section 677A. Written Declarations By Certain Parents To Appoint Guardians For Their Children
§ 677A. WRITTEN DECLARATIONS BY CERTAIN PARENTS TO
APPOINT GUARDIANS FOR THEIR CHILDREN. (a) A written declaration
appointing an eligible person to be guardian of the person of the
parent's child under Section 676(d) or 677(b) of this code must be
signed by the declarant and be:
(1) written wholly in the handwriting of the declarant; or
(2) attested to in the presence of the declarant by at least
two credible witnesses 14 years of age or older who are not named as
guardian or alternate guardian in the declaration.
(b) A declaration that is not written wholly in the
handwriting of the declarant 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) of this
section may have attached a self-proving affidavit signed by the
declarant and the witnesses attesting to the competence of the
declarant and the execution of the declaration.
(d) The declaration and any self-proving affidavit may be
filed with the court at any time after the application for
appointment of a guardian is filed and before a guardian is
appointed.
(e) If the designated guardian does not qualify, is dead,
refuses to serve, resigns, or dies after being appointed guardian,
or is otherwise unavailable to serve as guardian, the court shall
appoint the next eligible designated alternate guardian named in
the declaration. If the guardian and all alternate guardians do not
qualify, are dead, refuse to serve, or later die or resign, the
court shall appoint another person to serve as otherwise provided
by this code.
(f) The declarant may revoke a declaration in any manner
provided for the revocation of a will under Section 63 of this code,
including the subsequent reexecution of the declaration in the
manner required for the original declaration.
(g) 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. The following form may, but
need not, be used:
DECLARATION OF APPOINTMENT OF GUARDIAN FOR MY CHILDREN
IN THE EVENT OF MY DEATH OR INCAPACITY
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
SELF-PROVING AFFIDAVIT
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 affiants on this ___ day of __________, 20__.
___________________________
Notary Public in and for the
State of Texas
My Commission expires:
___________________________
(h) In this section, "self-proving affidavit" means an
affidavit the form and content of which substantially complies with
the requirements of Subsection (g) of this section.
Added by Acts 1995, 74th Leg., ch. 304, § 3, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 77, § 4, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 1078, § 2, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 217, § 6, eff. Sept. 1, 2001.
Section: 671 672 673 674 675 676 677 677A 677B 678 679 679A 680 681 682
Last modified: August 11, 2007
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