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Texas Statutory Declaration of Appointment of Guardian for My Child in the Event of My Death or Incapacity

State:
Texas
Control #:
TX-P005
Format:
Word; 
Rich Text
Instant download

Description Event Death Form

This form is provided in the Texas Probate Code. It allows you to appoint a guardian for your child(ren) in the event of your death or incapacity.


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Child Guardian Declaration Other Form Names

Declaration Death Statement   Texas Power Of Attorney For Minor Child   Texas Child   Declaration Death Document   Tx Child Incapacity   Guardianship In Case Of Death Form   Texas Child Incapacity  

Declaration Of Appointment Of Guardian For My Children In The Event Of My Death Or Incapacity FAQ

Guardianship is a legal process used to protect individuals who are unable to care for their own well-being due to infancy, incapacity or disability. A court will appoint a legal guardian to care for an individual, known as a ward, who is in need of special protection.

To appoint legal guardians for your children, you must name them as your chosen guardians in your Will. Before doing this you will need to approach the people you would like to appoint as guardians to find out whether they are willing and able to take on this responsibility.

Fill out your forms. Have your forms reviewed. Make at least 3 copies of all your forms. File your forms with the court clerk. Give notice. Get completed proof of services forms from the server and file them with the court. Get everyone who agrees to sign a consent and waiver of notice.

You can write a letter naming a guardian for your children and keep it with your important papers or write in your will who you want to be the guardian of your children when you pass away. But if both parents are dead, the court will decide who the guardian is. The court will try to appoint the person you wanted.

There is no legal significance to someone being named a Godparent. If you want to name her as the person to be named the child's custodian in the event of your death, you can do that through a will. You need to consult with a local attorney.

A Declaration of Guardian is a legal document where you tell the court who you want to serve as your guardian if there is ever a guardianship proceeding for you. There are two types of guardians: Guardian of your estate, and guardian of your person.

There are two types of guardianships, a full guardianship and a limited guardianship.

GUARDIAN: In the event I shall die as the sole parent of minor children, then I appoint ____________________________________ as Guardian of said minor children. If this named Guardian is unable or unwilling to serve, then I appoint ____________________________________ as alternate Guardian.

(a) A guardianship terminates upon the death of the ward or upon order of the court. (b) On petition of any person interested in the ward's welfare the court may terminate a guardianship if the ward no longer needs the assistance or protection of a guardian.

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Texas Statutory Declaration of Appointment of Guardian for My Child in the Event of My Death or Incapacity