Description
What This Document Does
A Declaration of Guardian in the Event of Incapacity allows you to state, in advance, who you want (and who you do not want) to serve as your legal guardian if a court ever decides you can no longer manage your personal or financial affairs.
In Texas, a court can appoint a guardian to make decisions about your care and property if you become incapacitated. Without this declaration, the judge decides who takes on that role—possibly someone you would not have chosen. By signing this document, you protect yourself by ensuring that the people you trust are first in line, and anyone you distrust is legally excluded.
What You’ll Need to Complete It
To prepare your Declaration of Guardian, gather:
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Your full legal name, date of birth, and address
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The name, address, and phone number of the person (or people) you want as your guardian
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The name(s) of anyone you do not want to serve as your guardian (the court must honor these exclusions unless extraordinary circumstances apply)
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Any preferences about whether the guardian will oversee your person, your estate, or both
This document is particularly powerful because it gives you the ability to block specific individuals from ever being appointed.
How to Make It Official in Texas
Texas law requires that this form be:
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Signed in front of two qualified witnesses or a notary public
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Certain people—such as those you name as your guardian, or anyone who could inherit from you—cannot serve as witnesses
Once signed, your declaration carries legal weight in any future guardianship case, giving the court clear direction.
Why You Shouldn’t Wait
No one likes to imagine becoming incapacitated, but the risk is real—from illness, injury, or simply aging. If you don’t decide in advance, the court may appoint someone you would never have trusted to manage your care or finances.
By completing this declaration now, you maintain control over your future and protect yourself from unwanted guardianship arrangements.
