Texas § ES.1104.103 - DESIGNATION OF GUARDIAN BY WILL OR WRITTEN DECLARATION

§ ES.1104.103. DESIGNATION OF GUARDIAN BY WILL OR WRITTEN DECLARATION

DESIGNATION OF GUARDIAN BY WILL OR WRITTEN DECLARATION. (a) The surviving parent of an adult individual who is an incapacitated person may, if the parent is the guardian of the person or estate of the adult individual, by will or written declaration appoint an eligible person to serve as guardian of the person or estate, as applicable, of the adult individual: (1) after the parent dies; (2) in the event the parent resigns as guardian of the person or estate; or (3) in the event of the parent's incapacity. (a-1) If the surviving parent is both the guardian of the person and estate of the adult individual, the surviving parent may by will or written declaration appoint different eligible persons to serve as guardian of the person and guardian of the estate. (b) After the surviving parent dies or resigns as guardian, or if the court finds the surviving parent has become an incapacitated person after being appointed the adult individual's guardian, the court shall appoint the person or persons designated in the will or declaration to serve as guardian of the person, guardian of the estate, or both, in preference to any other person otherwise entitled to serve as guardian under this title, unless the court finds that the person designated to serve as guardian: (1) is disqualified; (2) is deceased; (3) refuses to serve; or (4) would not serve the adult individual's best interests. (c) Repealed by Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457 ), Sec. 31, eff. September 1, 2023. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759 ), Sec. 1.02, eff. January 1, 2014. Amended by: Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457 ), Sec. 10, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457 ), Sec. 31, eff. September 1, 2023. SUBCHAPTER D. WRITTEN DECLARATION BY CERTAIN PARENTS TO APPOINT GUARDIAN FOR THEIR CHILDREN