Texas Statutory Declaration of Appointment of Guardian for My Child in the Event of My Death or Incapacity
Overview of this form
This document, known as the Statutory Declaration of Appointment of Guardian for My Child in the Event of My Death or Incapacity, allows a parent to appoint a guardian for their child or children should they become deceased or incapacitated. This form is essential for ensuring that your child's welfare is handled according to your wishes, offering peace of mind that their care is entrusted to someone you choose rather than defaulting to state custody laws.
Form components explained
- Declarant's information, including name and date of the declaration
- Names of the children for whom guardians are being appointed
- Primary and alternate guardians for both personal care and estate management
- Instructions regarding the bond requirement for guardians
- Signature requirements for the declarant and witnesses
- Notarization section for legal validation
Common use cases
This form should be used when a parent seeks to designate guardianship for their minor child or children in the unfortunate event of their death or incapacity. It is particularly relevant during estate planning or when significant life changes occur, such as divorce or relocation, to ensure that your child's future is secure any time unexpected events happen.
Who can use this document
- Parents looking to plan for the care of their minor children in case of death or incapacity
- Guardianship candidates who have been identified by parents for child care
- Individuals engaged in estate planning or creating a holistic guardianship plan
- Anyone wanting legal assurance regarding child custody in unexpected situations
Completing this form step by step
- Enter your full name as the declarant at the beginning of the form.
- List the full names of your child or children for whom guardians are being appointed.
- Identify the primary guardian and up to three alternate guardians for your children.
- Specify whether the guardians will serve with or without bond.
- Sign and date the form in the presence of at least two witnesses and a notary public.
Does this form need to be notarized?
Notarization is required for this form to take effect. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session, available 24/7.
Typical mistakes to avoid
- Failing to list all children who require a guardian.
- Not having enough witnesses to sign the document.
- Omitting to specify the bond requirement, causing confusion later for guardians.
- Not having the form notarized, which may lead to legal complications.
Why complete this form online
- Convenience of accessing and completing the form from home at any time.
- Editability allows you to make changes as necessary before finalizing the document.
- Security and confidentiality of personal information through online platforms.
- Access to accurately drafted forms by licensed attorneys, ensuring legal compliance.
Form popularity
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.
