Designation of Guardian for Minor Child

DESIGNATION OF GUARDIAN FOR MINOR CHILD

STATE OF TEXAS

Written Declaration Pursuant to Texas Estates Code § 1104.053 and § 1104.202 et seq.

ARTICLE I — DECLARANT INFORMATION

I, the undersigned Declarant, make this Written Declaration designating a guardian for my minor child(ren) under and pursuant to the laws of the State of Texas, specifically Texas Estates Code § 1104.053, which authorizes the surviving parent of a minor to designate a guardian by will or written declaration, and Texas Estates Code § 1104.202 et seq., which authorizes any person who is not incapacitated to designate a guardian by declaration.

Status of Other Parent:

Texas Law Note: Under Tex. Estates Code § 1104.051, if both parents live together, both parents are the natural guardians of the person of the minor children. If one parent is deceased, the surviving parent is the natural guardian of the person and is entitled to be appointed guardian of the estate. Under § 1104.053, the surviving parent may designate a guardian by will or written declaration to serve after the parent's death or incapacity.

ARTICLE II — MINOR CHILDREN INFORMATION

I hereby designate a guardian for the following minor child(ren):

Texas Law Note: Under Tex. Estates Code § 1104.053, the court shall appoint the person designated by will or declaration in preference to another otherwise entitled to serve, unless the court finds that the designated person is disqualified under § 1104.151 or that appointment is not in the best interests of the minor child(ren).

ARTICLE III — DESIGNATION OF PRIMARY GUARDIAN

Section 3.1 — Primary Guardian

I hereby nominate and designate the following individual to serve as Guardian of my minor child(ren) named above:

Type of Guardianship Designated:

Texas Law Note: Texas law distinguishes between Guardian of the Person (responsible for the physical care and welfare of the minor) and Guardian of the Estate (responsible for the minor's financial affairs and property). See Tex. Estates Code §§ 1151.051 and 1151.101.

☐ Guardian of the Person only
☐ Guardian of the Estate only
☐ Guardian of both the Person and Estate

Section 3.2 — First Alternate Guardian

If the Primary Guardian named above is unable or unwilling to serve, has predeceased me, or is disqualified under Tex. Estates Code § 1104.151, I designate the following individual as First Alternate Guardian:

Section 3.3 — Second Alternate Guardian

If neither the Primary Guardian nor the First Alternate Guardian is able or willing to serve, I designate the following individual as Second Alternate Guardian:

ARTICLE IV — POWERS GRANTED TO GUARDIAN

Section 4.1 — Powers of Guardian of the Person

Pursuant to Tex. Estates Code § 1151.051, the Guardian of the Person shall have the following powers and duties:

☐ The duty to take care of the minor child(ren) and provide for the minor's education and support
☐ The power to establish the minor's legal domicile
☐ The authority to consent to medical, dental, psychological, and surgical treatment for the minor child(ren)
☐ The authority to consent to the minor's marriage
☐ The authority to make decisions regarding the minor's education, training, and vocational activities
☐ The authority to apply for government benefits on behalf of the minor
☐ The right to reasonable compensation for services as guardian, subject to court approval
☐ The duty to file annual reports with the court as required by law

Section 4.2 — Powers of Guardian of the Estate

Pursuant to Tex. Estates Code § 1151.101, the Guardian of the Estate shall have the following powers and duties:

☐ The duty to take care of and manage the estate of the minor as a prudent person would manage their own property
☐ The authority to collect debts and claims due to the minor
☐ The authority to invest funds in accordance with applicable law
☐ The duty to file an inventory, appraisement, and list of claims within thirty (30) days of qualification
☐ The duty to file annual accountings with the court
☐ The duty to obtain court approval before selling, mortgaging, or leasing real property of the estate

ARTICLE V — SPECIFIC INSTRUCTIONS FOR CARE OF MINOR CHILD(REN)

Section 5.1 — Education

☐ The child(ren) shall continue attending their current school(s) to the extent practicable
☐ The child(ren) shall attend the following school(s): [________________________________]
☐ The child(ren) shall attend a ☐ public ☐ private ☐ religious ☐ charter ☐ home school
☐ The child(ren) shall be homeschooled in accordance with Texas Education Code § 25.086
☐ Special education services or IEP/ARD accommodations: [________________________________]
☐ Texas 529 College Savings Plan information: [________________________________]
☐ Other educational instructions: [________________________________]

Section 5.2 — Religious and Cultural Upbringing

☐ The child(ren) shall be raised in the following faith tradition: [________________________________]
☐ The child(ren) shall attend religious services at: [________________________________]
☐ The child(ren) shall participate in the following cultural traditions: [________________________________]
☐ No specific religious or cultural instructions

Section 5.3 — Medical Care

☐ The child(ren) shall continue care with their current healthcare providers: [________________________________]
☐ The child(ren) have the following known allergies: [________________________________]
☐ The child(ren) currently take the following medications: [________________________________]
☐ The child(ren) have the following medical conditions requiring ongoing care: [________________________________]
☐ Health insurance information (including CHIP/Medicaid if applicable): [________________________________]
☐ Immunization preferences: [________________________________]
☐ Mental health care instructions: [________________________________]
☐ Other medical instructions: [________________________________]

Section 5.4 — Financial Provisions

☐ Life insurance policy proceeds are designated for the care of the minor child(ren). Policy No.: [________________________________]
☐ Trust funds have been established for the child(ren). Trust Name: [________________________________]
☐ The following assets are designated for child support: [________________________________]
☐ Monthly budget guidance for child care: $[________________________________]

Section 5.5 — Contact with Family Members

☐ The child(ren) shall maintain regular contact with the following family members: [________________________________]
☐ The child(ren) shall NOT have contact with the following individuals: [________________________________]
☐ Visitation schedule with non-custodial parent (if applicable): [________________________________]

Section 5.6 — Extracurricular Activities and Lifestyle

☐ The child(ren) shall continue the following activities: [________________________________]
☐ Dietary restrictions or preferences: [________________________________]
☐ Pet care instructions: [________________________________]
☐ Other specific instructions: [________________________________]

ARTICLE VI — CONDITIONS AND LIMITATIONS

Section 6.1 — Conditions on Guardianship

☐ This Designation applies to all minor child(ren) listed in Article II
☐ This Designation applies only to the following child(ren): [________________________________]
☐ The Guardian shall not relocate the child(ren) outside the State of Texas without court approval
☐ The Guardian shall not relocate the child(ren) outside of [________________________________] County without court approval
☐ Other conditions: [________________________________]

Section 6.2 — Persons Disqualified from Serving as Guardian

Under Tex. Estates Code § 1104.151, certain persons are disqualified from serving as guardian, including those who are minors, persons whose conduct is notoriously bad, incapacitated persons, persons who are parties to or whose parents are parties to a lawsuit affecting the child's welfare, persons disqualified by the court, and others specified by law. I additionally request that the following individual(s) NOT be appointed:

ARTICLE VII — EFFECTIVE DATE AND DURATION

Section 7.1 — Triggering Events

This Declaration shall become effective upon the occurrence of any of the following events:

☐ My death
☐ A court finding that I am an incapacitated person under Texas Estates Code
☐ Other triggering event: [________________________________]

Section 7.2 — Duration

This Designation shall remain in effect until:

☐ The minor child(ren) reach the age of majority (eighteen years of age under Texas law)
☐ A court of competent jurisdiction enters an order modifying or terminating this Designation
☐ I revoke this Declaration in writing
☐ The Guardian resigns or is removed by court order
☐ The minor child(ren) are emancipated under Texas Family Code § 31.001 et seq.

ARTICLE VIII — REVOCATION OF PRIOR DESIGNATIONS

I hereby revoke all prior designations of guardian for the minor child(ren) named in this instrument, whether made by will, written declaration, or other instrument. This Declaration supersedes any and all prior guardianship designations executed by me.

ARTICLE IX — ACCEPTANCE BY DESIGNATED GUARDIAN

Primary Guardian Acceptance:

I, [________________________________], hereby acknowledge that I have read this Declaration, understand the responsibilities described herein, and am willing to serve as Guardian of the minor child(ren) named above upon appointment by a court of competent jurisdiction.

Signature: ________________________________ Date: [__/__/____]

Printed Name: [________________________________]

First Alternate Guardian Acceptance:

I, [________________________________], hereby acknowledge that I have read this Declaration, understand the responsibilities described herein, and am willing to serve as Alternate Guardian of the minor child(ren) named above, should the Primary Guardian be unable or unwilling to serve.

Signature: ________________________________ Date: [__/__/____]

Printed Name: [________________________________]

ARTICLE X — DECLARANT SIGNATURE

CRITICAL TEXAS REQUIREMENT: Under Tex. Estates Code § 1104.203, this Declaration must be either: (a) written wholly in the Declarant's handwriting; OR (b) attested to in the Declarant's presence by at least two (2) credible witnesses who are fourteen (14) years of age or older and NOT named as guardian or alternate guardian in the declaration. Alternatively, if the declaration does not disqualify any individual from serving, it may be acknowledged by a notary public instead of attested by witnesses.

I declare that the foregoing is true and correct, that I am of sound mind, that I am not an incapacitated person, and that I execute this Declaration voluntarily and without duress or undue influence.

Signature of Declarant: ________________________________ Date: [__/__/____]

Printed Name: [________________________________]

ARTICLE XI — WITNESS ATTESTATION

Texas Requirement: Under Tex. Estates Code § 1104.203, unless this Declaration is wholly in the Declarant's handwriting or is acknowledged by a notary public (and does not disqualify anyone), it must be attested by at least two (2) credible witnesses who are at least fourteen (14) years of age and who are NOT named as guardian or alternate guardian in this Declaration.

We, the undersigned witnesses, each being at least fourteen (14) years of age and of sound mind, and NOT being named as guardian or alternate guardian herein, declare that the Declarant signed this instrument in our presence, or acknowledged to us that the Declarant signed this instrument, and that the Declarant appeared to be of sound mind and not acting under duress.

Witness No. 1:

Witness No. 2:

ARTICLE XII — SELF-PROVING AFFIDAVIT

Texas Law Note: Under Tex. Estates Code § 1104.204, a declaration may be made self-proved by including a self-proving affidavit. A self-proved declaration may be admitted to probate or filed without the testimony of the attesting witnesses.

STATE OF TEXAS
COUNTY OF [________________________________]

Before me, the undersigned authority, on this date personally appeared [________________________________] (Declarant), [________________________________] (Witness 1), and [________________________________] (Witness 2), known to me to be the Declarant and the witnesses whose names are signed to the foregoing instrument, and all being duly sworn, the Declarant declared to me and to the witnesses that the foregoing instrument is the Declarant's written declaration designating a guardian, and that the Declarant had willingly signed it as a free and voluntary act for the purposes therein expressed; and each of the witnesses stated under oath that they signed the declaration as witness in the presence and at the request of the Declarant and in the presence of each other.

Declarant:

Signature: ________________________________

Witness No. 1:

Signature: ________________________________

Witness No. 2:

Signature: ________________________________

Subscribed and sworn to before me by the Declarant and by the witnesses on this [____] day of [________________], 20[____].

Notary Public Signature: ________________________________

Printed Name of Notary: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

ARTICLE XIII — FILING AND RECORDING INSTRUCTIONS

Important Texas Practice Notes:

1. Execution Requirements: Under Tex. Estates Code § 1104.203, this Declaration must meet one of the following execution requirements:
   - Written wholly in the Declarant's handwriting; OR
   - Attested by at least two (2) credible witnesses who are at least 14 years of age and NOT named as guardian or alternate; OR
   - If the declaration does not disqualify anyone, acknowledged by a notary public

2. Self-Proving Affidavit: Under § 1104.204, including a self-proving affidavit (Article XII above) avoids the need for witness testimony when the declaration is presented to the court.

3. Filing: The Declaration should be filed with the County Clerk in the county of the Declarant's residence. In Texas, guardianship matters are heard in the Statutory Probate Court (in counties with one) or the Constitutional County Court.

4. Priority of Designation: Under § 1104.053, the court shall appoint the person designated by will or declaration in preference to any other person, unless the court finds disqualifying factors.

5. Guardian of Person vs. Estate: Texas distinguishes between Guardian of the Person (Tex. Estates Code § 1151.051) and Guardian of the Estate (§ 1151.101). Consider whether one or both roles should be designated.

6. Distribution of Copies: Provide copies to:
   - The designated Primary Guardian and Alternate Guardian(s)
   - Your estate planning attorney
   - The County Clerk's office
   - Any person having care of the minor child(ren)

7. Surrogate Signing: Under § 1104.203, if the Declaration is not wholly in the Declarant's handwriting, it may be signed by another person at the Declarant's direction and in the Declarant's presence.

8. Review and Update: This Declaration should be reviewed and updated periodically, and especially after any significant life changes.

SOURCES AND REFERENCES

• Texas Estates Code Title 3, Subtitle D, Chapter 1104 — Selection of and Eligibility to Serve as Guardian: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1104.htm
• Tex. Estates Code § 1104.053 — Guardian Designated by Will or Written Declaration: https://texas.public.law/statutes/tex._est._code_section_1104.053
• Tex. Estates Code § 1104.203 — Requirements for Declaration: https://texas.public.law/statutes/tex._est._code_section_1104.203
• Tex. Estates Code § 1104.204 — Form and Content of Declaration: https://texas.public.law/statutes/tex._est._code_section_1104.204

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice and should not be used as a substitute for consultation with a licensed Texas attorney. Laws are subject to change, and the applicability of this template to your specific circumstances should be verified by qualified legal counsel.