reglab/housing_qa huggingface dataset:
TX Est Code § 1104.102 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter C. Selection of Guardian for Incapacitated Person Other Than Minor|Section 1104.102. Appointment Preferences

Sec. 1104.102.  APPOINTMENT PREFERENCES.  If the court finds that two or more eligible persons are equally entitled to be appointed guardian of an incapacitated person:(1)  the incapacitated person's spouse is entitled to the guardianship in preference to any other person, if the spouse is one of the eligible persons;(2)  the eligible person nearest of kin to the incapacitated person is entitled to the guardianship, if the incapacitated person's spouse is not one of the eligible persons; or(3)  the court shall appoint the eligible person who is best qualified to serve as guardian if:(A)  the persons entitled to serve under Subdivisions (1) and (2) refuse to serve;(B)  two or more persons entitled to serve under Subdivision (2) are related in the same degree of kinship to the incapacitated person; or(C)  neither the incapacitated person's spouse nor any person related to the incapacitated person is an eligible person.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.103 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter C. Selection of Guardian for Incapacitated Person Other Than Minor|Section 1104.103. Designation of Guardian by Will or Written Declaration

Sec. 1104.103.  DESIGNATION OF GUARDIAN BY WILL OR WRITTEN DECLARATION.  (a) The surviving parent of an adult individual who is an incapacitated person may, if the parent is the guardian of the person of the adult individual, by will or written declaration appoint an eligible person to serve as guardian of the person of the adult individual after the parent dies or in the event of the parent's incapacity.(b)  After the surviving parent dies or if the court finds the surviving parent has become an incapacitated person after being appointed the adult individual's guardian, the court shall appoint the person designated in the will or declaration to serve as guardian in preference to any other person otherwise entitled to serve as guardian under this title, unless the court finds that the person designated to serve as guardian:(1)  is disqualified;(2)  is deceased;(3)  refuses to serve; or(4)  would not serve the adult individual's best interests.(c)  On compliance with this title, the eligible person appointed under Subsection (b) is also entitled to be appointed guardian of the estate of the adult individual after the surviving parent dies or in the event of the surviving parent's incapacity, if the surviving parent is the guardian of the estate of the adult individual.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.151 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter D. Written Declaration by Certain Parents to Appoint Guardian for Their Children|Section 1104.151. Definitions

Sec. 1104.151.  DEFINITIONS.  In this subchapter:(1)  "Declaration" means a written declaration of a person that:(A)  appoints a guardian for the person's child under Section 1104.053(a) or 1104.103(a); and(B)  satisfies the requirements of this subdivision and Sections 1104.152, 1104.153, 1104.154, 1104.156, 1104.159, and 1104.160.(2)  "Self-proving affidavit" means an affidavit the form and content of which substantially comply with the requirements of Section 1104.153.(3)  "Self-proving declaration" includes a self-proving affidavit that is attached or annexed to a declaration.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.152 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter D. Written Declaration by Certain Parents to Appoint Guardian for Their Children|Section 1104.152. Requirements for Declaration

Sec. 1104.152.  REQUIREMENTS FOR DECLARATION.  (a) A declaration appointing an eligible person to be guardian of the person of a parent's child under Section 1104.053(a) or 1104.103(a) must be signed by the declarant and be:(1)  written wholly in the declarant's handwriting; or(2)  attested to in the declarant's presence by at least two credible witnesses who are:(A)  14 years of age or older; and(B)  not named as guardian or alternate guardian in the declaration.(b)  Notwithstanding Subsection (a), a declaration that is not written wholly in the declarant's handwriting may be signed by another person for the declarant under the direction of and in the presence of the declarant.(c)  A declaration described by Subsection (a)(2) may have attached a self-proving affidavit signed by the declarant and the witnesses attesting to:(1)  the competence of the declarant; and(2)  the execution of the declaration.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.154 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter D. Written Declaration by Certain Parents to Appoint Guardian for Their Children|Section 1104.154. Alternative to Self-Proving Affidavit

Sec. 1104.154.  ALTERNATIVE TO SELF-PROVING AFFIDAVIT.  (a)  As an alternative to the self-proving affidavit authorized by Section 1104.153, a declaration of appointment of a guardian for the declarant's children in the event of the declarant's death or incapacity may be simultaneously executed, attested, and made self-proved by including the following in substantially the same form and with substantially the same contents:I, _________________________, as declarant, after being duly sworn, declare to the undersigned witnesses and to the undersigned authority that this instrument is my Declaration of Appointment of Guardian for My Children in the Event of My Death or Incapacity, and that I willingly make and execute it for the purposes expressed in the declaration. I now sign this declaration in the presence of the attesting witnesses and the undersigned authority on this ____ day of ________, 20__.___________________________DeclarantThe undersigned, _____________________ and ___________________, each being 14 years of age or older, after being duly sworn, declare to the declarant and to the undersigned authority that the declarant declared to us that this instrument is the declarant's Declaration of Appointment of Guardian for the Declarant's Children in the Event of Declarant's Death or Incapacity and that the declarant executed it for the purposes expressed in the declaration. The declarant then signed this declaration and we believe the declarant to be of sound mind. We now sign our names as attesting witnesses on this _____ day of ___________, 20___.___________________________Witness___________________________WitnessSubscribed and sworn to before me by the above named declarant, and affiants, this ____ day of __________________, 20__.___________________________Notary Public in and for theState of TexasMy Commission expires:___________________________(b)  A declaration that is executed as provided by Subsection (a) is considered self-proved to the same extent a declaration executed with a self-proving affidavit under Section 1104.153 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 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 14, eff. September 1, 2015.|
TX Est Code § 1104.155 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter D. Written Declaration by Certain Parents to Appoint Guardian for Their Children|Section 1104.155. Alternate Self-Proving of Declaration

Sec. 1104.155.  ALTERNATE SELF-PROVING OF DECLARATION.  At any time during the declarant's lifetime, a declaration described by Section 1104.152(a)(1) may be made self-proved in the same form and manner that a will written wholly in the testator's handwriting is made self-proved under Section 251.107.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.156 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter D. Written Declaration by Certain Parents to Appoint Guardian for Their Children|Section 1104.156. Filing of Declaration and Self-Proving Affidavit

Sec. 1104.156.  FILING OF DECLARATION AND SELF-PROVING AFFIDAVIT.  The declaration and any self-proving affidavit may be filed with the court at any time after the application for appointment of a guardian is filed and before a guardian is appointed.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.157 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter D. Written Declaration by Certain Parents to Appoint Guardian for Their Children|Section 1104.157. Proof of Declaration

Sec. 1104.157.  PROOF OF DECLARATION.  (a) The court may admit a declaration that is self-proved into evidence without the testimony of witnesses attesting to the competency of the declarant and the execution of the declaration.  Additional proof of the execution of the declaration with the formalities and solemnities and under the circumstances required to make it a valid declaration is not necessary.(b)  A declaration described by Section 1104.152(a)(1) that is not self-proved may be proved in the same manner that a will written wholly in the testator's handwriting is proved under Section 256.154.(c)  A declaration described by Section 1104.152(a)(2) that is not self-proved may be proved in the same manner that an attested written will produced in court is proved under Section 256.153.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.158 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter D. Written Declaration by Certain Parents to Appoint Guardian for Their Children|Section 1104.158. Prima Facie Evidence

Sec. 1104.158.  PRIMA FACIE EVIDENCE.  A properly executed and witnessed self-proving declaration, including a declaration and self-proving affidavit described by Section 1104.152(c), is prima facie evidence that:(1)  the declarant was competent at the time the declarant executed the declaration; and(2)  the guardian named in the declaration would serve the best interests of the ward or incapacitated person.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.159 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter D. Written Declaration by Certain Parents to Appoint Guardian for Their Children|Section 1104.159. Revocation of Declaration

Sec. 1104.159.  REVOCATION OF DECLARATION.  The declarant may revoke a declaration in any manner provided for the revocation of a will under Section 253.002, including the subsequent re-execution of the declaration in the manner required for the original declaration.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.160 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter D. Written Declaration by Certain Parents to Appoint Guardian for Their Children|Section 1104.160. Alternate or Other Court-Appointed Guardian

Sec. 1104.160.  ALTERNATE OR OTHER COURT-APPOINTED GUARDIAN.  (a)  The court shall appoint the next eligible designated alternate guardian named in a declaration if the designated guardian does not qualify, is deceased, refuses to serve, resigns, or dies after being appointed guardian, or is otherwise unavailable to serve as guardian.(b)  The court shall appoint another person to serve as guardian as otherwise provided by this title if the designated guardian and all designated alternate guardians named in the declaration:(1)  do not qualify;(2)  are deceased;(3)  refuse to serve; or(4)  later die or resign.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.201 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter E. Written Declaration to Designate Guardian Before Need Arises|Section 1104.201. Definitions

Sec. 1104.201.  DEFINITIONS.  In this subchapter:(1)  "Declaration" means a written declaration of a person that:(A)  designates another person to serve as a guardian of the person or estate of the declarant; and(B)  satisfies the requirements of this subdivision and Sections 1104.202, 1104.203, 1104.204, 1104.205, 1104.207, 1104.210, 1104.211, and 1104.212.(2)  "Self-proving affidavit" means an affidavit the form and content of which substantially comply with the requirements of Section 1104.204.(3)  "Self-proving declaration" includes a self-proving affidavit that is attached or annexed to a declaration.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.202 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter E. Written Declaration to Designate Guardian Before Need Arises|Section 1104.202. Designation of Guardian for Declarant

Sec. 1104.202.  DESIGNATION OF GUARDIAN FOR DECLARANT.  (a)  A person other than an incapacitated person may designate by declaration a person to serve as guardian of the person or estate of the declarant if the declarant becomes incapacitated.  The court shall appoint the person designated in the declaration to serve as guardian in preference to any other person otherwise entitled to serve as guardian under this title, unless the court finds that the person designated to serve as guardian:(1)  is disqualified; or(2)  would not serve the ward's best interests.(b)  A declarant may, in the declaration, disqualify a named person from serving as guardian of the declarant's person or estate.  The court may not under any circumstances appoint as guardian a person named under this subsection.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.203 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter E. Written Declaration to Designate Guardian Before Need Arises|Section 1104.203. Requirements for Declaration

Sec. 1104.203.  REQUIREMENTS FOR DECLARATION.  (a)  Except as provided by Subsection (a-1), a declaration under this subchapter must be signed by the declarant and be:(1)  written wholly in the declarant's handwriting; or(2)  attested to in the declarant's presence by at least two credible witnesses who are:(A)  14 years of age or older; and(B)  not named as guardian or alternate guardian in the declaration.(a-1)  If the declaration does not expressly disqualify any individual from serving as guardian of the declarant's person or estate, the declaration must be signed by the declarant and may be acknowledged by a notary public instead of being attested to in the declarant's presence by witnesses as required by Subsection (a)(2).(b)  Notwithstanding Subsection (a) or (a-1), a declaration that is not written wholly in the declarant's handwriting may be signed by another person for the declarant under the direction of and in the presence of the declarant.(c)  A declaration described by Subsection (a)(2) may have attached a self-proving affidavit signed by the declarant and the witnesses attesting to:(1)  the competence of the declarant; and(2)  the execution of the declaration.|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. 1, eff. September 1, 2017.|
TX Est Code § 1104.205 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter E. Written Declaration to Designate Guardian Before Need Arises|Section 1104.205. Alternative to Self-Proving Affidavit

Sec. 1104.205.  ALTERNATIVE TO SELF-PROVING AFFIDAVIT.  (a)  As an alternative to the self-proving affidavit authorized by Section 1104.204, a declaration of guardian in the event of later incapacity or need of guardian may be simultaneously executed, attested, and made self-proved by including the following in substantially the same form and with substantially the same contents:I, _________________________, as declarant, after being duly sworn, declare to the undersigned witnesses and to the undersigned authority that this instrument is my Declaration of Guardian in the Event of Later Incapacity or Need of Guardian, and that I willingly make and execute it for the purposes expressed in the declaration. I now sign this declaration in the presence of the attesting witnesses and the undersigned authority on this ____ day of ________, 20__.___________________________DeclarantThe undersigned, _____________________ and ___________________, each being 14 years of age or older, after being duly sworn, declare to the declarant and to the undersigned authority that the declarant declared to us that this instrument is the declarant's Declaration of Guardian in the Event of Later Incapacity or Need of Guardian and that the declarant executed it for the purposes expressed in the declaration. The declarant then signed this declaration and we believe the declarant to be of sound mind. We now sign our names as attesting witnesses on this _____ day of ___________, 20___.___________________________Witness___________________________WitnessSubscribed and sworn to before me by the above named declarant, and affiants, this ____ day of __________________, 20__.__________________________Notary Public in and for theState of TexasMy Commission expires:__________________________(b)  A declaration that is executed as provided by Subsection (a) is considered self-proved to the same extent a declaration executed with a self-proving affidavit under Section 1104.204 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 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 15, eff. September 1, 2015.|
TX Est Code § 1104.206 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter E. Written Declaration to Designate Guardian Before Need Arises|Section 1104.206. Alternate Self-Proving of Declaration

Sec. 1104.206.  ALTERNATE SELF-PROVING OF DECLARATION.  At any time during the declarant's lifetime, a declaration described by Section 1104.203(a)(1) may be made self-proved in the same form and manner that a will written wholly in the testator's handwriting is made self-proved under Section 251.107.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.207 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter E. Written Declaration to Designate Guardian Before Need Arises|Section 1104.207. Filing of Declaration and Self-Proving Affidavit

Sec. 1104.207.  FILING OF DECLARATION AND SELF-PROVING AFFIDAVIT.  The declaration and any self-proving affidavit may be filed with the court at any time after the application for appointment of a guardian is filed and before a guardian is appointed.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.208 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter E. Written Declaration to Designate Guardian Before Need Arises|Section 1104.208. Proof of Declaration

Sec. 1104.208.  PROOF OF DECLARATION.  (a) The court may admit a declaration that is self-proved into evidence without the testimony of witnesses attesting to the competency of the declarant and the execution of the declaration.  Additional proof of the execution of the declaration with the formalities and solemnities and under the circumstances required to make it a valid declaration is not necessary.(b)  A declaration described by Section 1104.203(a)(1) that is not self-proved may be proved in the same manner that a will written wholly in the testator's handwriting is proved under Section 256.154.(c)  A declaration described by Section 1104.203(a)(2) that is not self-proved may be proved in the same manner that an attested written will produced in court is proved under Section 256.153.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.209 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter E. Written Declaration to Designate Guardian Before Need Arises|Section 1104.209. Prima Facie Evidence

Sec. 1104.209.  PRIMA FACIE EVIDENCE.  A properly executed and witnessed self-proving declaration, including a declaration and self-proving affidavit described by Section 1104.203(c), is prima facie evidence that:(1)  the declarant was competent at the time the declarant executed the declaration; and(2)  the guardian named in the declaration would serve the best interests of the ward or incapacitated person.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1104.210 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle D - Creation of Guardianship|Chapter 1104 - Selection of and Eligibility to Serve as Guardian|Subchapter E. Written Declaration to Designate Guardian Before Need Arises|Section 1104.210. Revocation of Declaration

Sec. 1104.210.  REVOCATION OF DECLARATION.  The declarant may revoke a declaration in any manner provided for the revocation of a will under Section 253.002, including the subsequent re-execution of the declaration in the manner required for the original declaration.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|