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Texas Declaration of Guardian for an Adult

A Declaration of Guardian lets you say, in advance, whom you want as guardian of your person, your estate, or both if a court ever finds that you need one. It is a preference document — the court still has to appoint a guardian — but Texas courts generally give it significant weight.

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Key facts

What it is
A written preference for who should serve if a guardianship case is filed — not an appointment by itself.
First line of defense
A durable POA and Medical Power of Attorney often avoid the need for a guardian.
Person vs. estate
You can split guardian of the person (care) from guardian of the estate (money).
Disqualification
Texas declarations commonly let you state who should not serve.

How to prepare a Texas Declaration of Guardian for an Adult

  1. 1

    Decide whether you already have powers of attorney

    Sign a durable POA and a Medical Power of Attorney first. Use this declaration as a backup if a court proceeding ever happens.

  2. 2

    Name primary and successor guardians

    You can name a guardian of the person, a guardian of the estate, or both, plus successors.

  3. 3

    Generate and execute the declaration

    Download the Word document and sign it under the form’s requirements so a court can find your preference later.

Guardianship is a last resort

A well-built durable POA and Medical Power of Attorney often avoid the need for a guardian, because someone already has authority to act. A declaration of guardian is the backup: if those tools are missing, contested, or not enough, the court has your written choice instead of starting from scratch.

You can name a primary guardian and successors, and you can separate guardian of the person (housing, care) from guardian of the estate (money and property).

What this form cannot do

It does not appoint a guardian by itself. It does not transfer property. It does not replace a will. If your family situation is already in conflict, talk with a Texas attorney; a declaration helps, but it is not a lawsuit shield.

Frequently asked questions

If I sign a Declaration of Guardian, will I avoid court?
Not necessarily. The declaration is used if a guardianship case is filed. Powers of attorney are the usual way to handle incapacity without a guardian.
Can I disqualify someone from serving as my guardian?
Texas declarations commonly let you state who should not serve, in addition to who should. Use that option if there is a specific person you do not want in that role.
Do I still need powers of attorney?
Yes. Sign a durable POA and a Medical Power of Attorney first. Use this declaration as a backup if a court proceeding ever happens.

Sources

Related Texas documents

  • Texas Durable Power of Attorney

    Create a Texas durable power of attorney online so someone you trust can manage property and finances if you cannot. Learn hot powers, then generate the form.

  • Texas Medical Power of Attorney

    Appoint a Texas health care agent with a Medical Power of Attorney. Learn when the agent can act, how it fits a living will, and prepare the form online.

  • Texas Appointment of Guardian for Children

    Name who should raise your minor children and manage their property if you die or become incapacitated. Prepare a Texas guardianship appointment online.

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Texas Will & Trust provides document preparation software and is not a law firm. Nothing on this page is legal advice. Texas execution requirements (witnesses, notarization, and recording) still apply after you generate a file.