This section lets a guardian declaration and related affidavit use any form that clearly shows the declarant’s intent to name a guardian, and it allows a compliant declaration to use the section’s form with an attached acknowledgment instead of the self-proving affidavit.
Sec. 1104.204. FORM AND CONTENT OF DECLARATION AND SELF-PROVING AFFIDAVIT. (a) A declaration and affidavit may be in any form adequate to clearly indicate the declarant's intention to designate a guardian. (b) The following form may be used but is not required to be used: DECLARATION OF GUARDIAN IN THE EVENT OF LATER INCAPACITY OR NEED OF GUARDIAN I, __________, make this Declaration of Guardian, to operate if the need for a guardian for me later arises. 1. I designate __________ to serve as guardian of my person, __________ as first alternate guardian of my person, __________ as second alternate guardian of my person, and __________ as third alternate guardian of my person. 2. I designate __________ to serve as guardian of my estate, __________ as first alternate guardian of my estate, __________ as second alternate guardian of my estate, and __________ as third alternate guardian of my estate. 3. If any guardian or alternate guardian dies, does not qualify, or resigns, the next named alternate guardian becomes my guardian. 4. I expressly disqualify the following persons from serving as guardian of my person: __________, __________, and __________. 5. I expressly disqualify the following persons from serving as guardian of my estate: __________, __________, and __________. 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 Guardian 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: __________________________ (c) A declaration that complies with the requirements of Section 1104.203(a-1) may, but is not required to, be in the form specified by Subsection (b), except that instead of having attached the self-proving affidavit prescribed by that subsection, the declaration shall have attached the following acknowledgment: STATE OF __________________ COUNTY OF _________________ This instrument was acknowledged before me on the ___ day of __________, 20______, by ________________________ (Declarant). ___________________________ Notary Public, in and for the State of Texas Notary's printed name: ___________________________ My commission expires: ___________________________ (d) A declaration that complies with the requirements of Section 1104.203(a-1) that has attached the acknowledgment provided by Subsection (c) is considered self-proved. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014. Amended by: Acts 2017, 85th Leg., R.S., Ch. 298 (S.B. 511), Sec. 2, eff. September 1, 2017.