Texas Statutes
§ 1104.152 — REQUIREMENTS FOR DECLARATION.
Texas § 1104.152
JurisdictionTexas
Code ESEstates Code
This text of Texas § 1104.152 (REQUIREMENTS FOR DECLARATION.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Tex. Estates Code Code Ann. § 1104.152 (2026).
Text
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 declar
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Legislative History
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759 ), Sec. 1.02, eff. January 1, 2014.
Nearby Sections
15
§ 1104.001
GUARDIAN OF THE PERSON OR ESTATE.§ 1104.002
PREFERENCE OF INCAPACITATED PERSON.§ 1104.003
TRAINING REQUIRED.§ 1104.051
GUARDIAN OF MINOR CHILDREN.§ 1104.052
GUARDIAN FOR MINOR ORPHAN.§ 1104.054
SELECTION OF GUARDIAN BY MINOR.§ 1104.102
APPOINTMENT PREFERENCES.§ 1104.151
DEFINITIONS.§ 1104.152
REQUIREMENTS FOR DECLARATION.§ 1104.154
ALTERNATIVE TO SELF-PROVING AFFIDAVIT.§ 1104.155
ALTERNATE SELF-PROVING OF DECLARATION.Cite This Page — Counsel Stack
Bluebook (online)
Texas § 1104.152, Counsel Stack Legal Research, https://law.counselstack.com/statute/tx/ES/1104.152.