Designation of Guardian for Minor Child - Texas

DESIGNATION OF GUARDIAN FOR MINOR CHILD

STATE OF TEXAS

Written Declaration Pursuant to Texas Estates Code §§ 1104.053 and 1104.151–.160

ARTICLE I — DECLARANT INFORMATION

I, the undersigned Declarant, make this Written Declaration designating a guardian for my minor child(ren) under Texas Estates Code §§ 1104.053 and 1104.151–.160. I am the surviving parent of the minor child(ren) named below.

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 gives the eligible designated person preference after the surviving parent's death or incapacity, unless that person is disqualified, deceased, unwilling to serve, or would not serve the minor child(ren)'s best interests. Disqualification grounds appear in §§ 1104.351–.358.

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 §§ 1104.351–.358, 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 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

☐ Existing life insurance policy information for the guardian to locate: Policy No. [________________________________]. Any payment for the child’s care depends on the policy terms and applicable law; this declaration does not change a beneficiary designation.
☐ 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 §§ 1104.351–.358, disqualification grounds include minority or incapacity, inability to manage the ward's person or estate, notoriously bad conduct, certain conflicts of interest, failure to name a Texas resident agent when required, and certain protective orders. I request that the court consider the following concerns about any proposed guardian:

ARTICLE VII — EFFECTIVE DATE AND DURATION

Section 7.1 — Triggering Events

This designation applies after my death or if a court finds that I am incapacitated. A guardian serves only upon appointment by the court.

☐ After my death
☐ If a court finds that I am an incapacitated person under the Texas Estates Code

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

Texas execution requirement: Under Tex. Estates Code § 1104.152, this printed declaration must be signed by the Declarant and attested in the Declarant's presence by at least two credible witnesses who are at least 14 years old and are not named as guardian or alternate guardian. A declaration written wholly in the Declarant's handwriting is the statutory alternative; notarization alone does not replace witnesses for this printed child-guardian declaration.

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 § 1104.152(a), this printed declaration must be attested in the Declarant's presence by at least two credible witnesses who are at least 14 years old and are not named as guardian or alternate guardian.

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 §§ 1104.152(c), 1104.153, and 1104.157(a), an attested declaration may include a self-proving affidavit; the court may admit a self-proved declaration without testimony from 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 stated that the instrument is the Declarant's written declaration designating a guardian and that the Declarant signed it voluntarily. Each witness stated under oath that the witness is at least 14 years old, saw the Declarant sign the declaration, signed it as a witness, and believed the Declarant to be of sound mind at the time of signing.

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 § 1104.152, sign this printed declaration before at least two credible witnesses who are at least 14 years old, are not named as guardian or alternate, and attest in the Declarant's presence. A wholly handwritten declaration is an alternative; a notary alone is not.

2. Self-Proving Affidavit: Under §§ 1104.152(c), 1104.153, and 1104.157(a), the optional affidavit in Article XII may allow admission without testimony from the attesting witnesses.

3. Filing: Under § 1104.156, the declaration and any self-proving affidavit may be filed with the court after an application for appointment of a guardian is filed and before the guardian is appointed. Keep the executed declaration available for that proceeding.

4. Priority of Designation: Under § 1104.053(b), the court gives the designated person preference unless that person is disqualified, has died, refuses to serve, or would not serve the children's best interests.

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
   • Counsel or the person who may file a guardianship application
   • Any person having care of the minor child(ren)

7. Surrogate Signing: Under § 1104.152(b), if the Declaration is not wholly in the Declarant's handwriting, another person may sign for the Declarant 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://tcss.legis.texas.gov/resources/ES/htm/ES.1104.htm
• Tex. Estates Code §§ 1104.151–.160 — Declaration appointing guardian for children, execution, proof, and filing: https://tcss.legis.texas.gov/resources/ES/htm/ES.1104.htm
• Tex. Estates Code §§ 1104.351–.358 — Disqualification grounds: https://tcss.legis.texas.gov/resources/ES/htm/ES.1104.htm
• Tex. Fam. Code § 2.101 — Marriage-license age requirement: https://tcss.legis.texas.gov/resources/FA/htm/FA.2.htm

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.