This form is provided in the Texas Probate Code and allows you to designate a guardian for yourself if you should be incapacitated or in need of a guardian.
In Austin, Texas, the Statutory Declaration of Guardian in the Event of Later Incapacity or Need of Guardian is a legal document that allows an individual to declare their chosen guardian in the event that they become incapacitated or require a guardian in the future. This declaration is governed by the Texas Estates Code, specifically Chapter 1104. This declaration is an important tool for individuals who want to ensure that their wishes are honored in case they are no longer able to make decisions for themselves. It serves as a proactive measure to prevent any potential family disputes or confusion regarding who should assume guardianship. By executing this declaration, the individual, often referred to as the "declaring", can choose a specific person or entity as their preferred guardian. The potential guardian can be a family member, close friend, or even a professional guardian, depending on the individual's personal preferences and circumstances. The Statutory Declaration of Guardian in the Event of Later Incapacity or Need of Guardian includes various elements to make it legally valid. These elements may include: 1. Identification of the declaring: The document will require the full legal name, address, and contact information of the individual making the declaration. 2. Choice of guardian: The declaring must clearly state the name, address, and contact information of the individual or entity they wish to appoint as their guardian. 3. Acceptance by the chosen guardian: It is important for the chosen guardian to provide their acceptance of the appointment by signing the declaration in the presence of a notary public or other authorized official. 4. Witnesses: The declaration may require witnesses who can attest to the declaring's capacity and the validity of the document. The exact number of witnesses may vary depending on local requirements. It is worth noting that the Austin, Texas Statutory Declaration of Guardian in the Event of Later Incapacity or Need of Guardian may have specific variations or additional forms based on individual needs. For example, someone wishing to designate a guardian for their minor children may utilize a separate form tailored specifically for minors. However, these variations would still fall under the general umbrella of the statutory declaration of guardian in the event of later incapacity or need of guardian. It is highly recommended consulting with an attorney experienced in estate planning and guardianship laws in Austin, Texas, to ensure the document is correctly executed and meets all legal requirements.
