Texas § 1105.051 OATH OR DECLARATION OF GUARDIAN.

Texas Statutes

§ 1105.051 — OATH OR DECLARATION OF GUARDIAN.

Texas § 1105.051

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Bluebook

Tex. Estates Code Code Ann. § 1105.051 (2026).

Text

Sec. 1105.051. OATH OR DECLARATION OF GUARDIAN.

(a)A guardian shall:

(1)take an oath to discharge faithfully the duties of guardian for the person or estate, or both, of a ward; or

(2)make a declaration as prescribed by Subsection (d).

(b)If the Health and Human Services Commission is appointed guardian, a commission representative shall take the oath or make the declaration required by Subsection (a).

(c)An oath taken by a person named as guardian or temporary guardian, as applicable, must be substantially as follows: I, __________ (insert person's name), do solemnly swear that I will discharge faithfully the duties of guardian of __________ (insert "the person," "the estate," or "the person and estate") of __________ (insert ward's name), an incapacitated person, according to law. (

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Sec. 1105.051. OATH OR DECLARATION OF GUARDIAN. (a) A guardian shall:
(1) take an oath to discharge faithfully the duties of guardian for the person or estate, or both, of a ward; or
(2) make a declaration as prescribed by Subsection (d).
(b) If the Health and Human Services Commission is appointed guardian, a commission representative shall take the oath or make the declaration required by Subsection (a).
(c) An oath taken by a person named as guardian or temporary guardian, as applicable, must be substantially as follows:
I, __________ (insert person's name), do solemnly swear that I will discharge faithfully the duties of guardian of __________ (insert "the person," "the estate," or "the person and estate") of __________ (insert ward's name), an incapacitated person, according to law.
(d) A declaration made by a person named as guardian or temporary guardian, as applicable, must be substantially as follows:
My name is _______ (insert person's name), my date of birth is __________ (insert person's date of birth), and my address is __________ (insert person's address, including country). I declare under penalty of perjury that the information in this declaration is true and correct. I solemnly declare that I will discharge faithfully the duties of __________ (insert "guardian" or "temporary guardian," as applicable) of __________ (insert "the person," "the estate," or "the person and estate") of __________ (insert ward's name), an incapacitated person, according to law. Signed on __________ (insert date of signing).

Legislative History

Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759 ), Sec. 1.02, eff. January 1, 2014. Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626 ), Sec. 28, eff. September 1, 2021.