DECLARATION OF GUARDIAN

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 A Declaration of Guardian is a legal document that allows you to nominate the person you want a Texas court to appoint as your guardian if you later become incapacitated.

The document may allow you to:

• Nominate a guardian of your person 
• Nominate a guardian of your estate 
• Name one or more successor guardians 
• Identify individuals you do not want serving as your guardian 

If a guardianship proceeding ever becomes necessary, your written declaration provides valuable guidance to the court regarding your wishes. 

Most people assume that their spouse or adult children automatically have the legal authority to make decisions for them.

Unfortunately, that is not always the case.

If a court determines that a guardianship is necessary, someone must be appointed to make decisions on your behalf.

Without a Declaration of Guardian, the court—not you—will decide who should serve.

By preparing this document in advance, you keep that decision in your own hands.

 Texas law recognizes two different types of guardians.

A Guardian of the Person makes decisions involving your personal care, including:

• Medical care 
• Living arrangements 
• Daily personal needs 
• General health and welfare 

A Guardian of the Estate manages your financial affairs, including:

• Paying bills 
• Managing investments 
• Protecting assets 
• Handling legal and financial matters under court supervision 

Many people choose the same individual to serve in both roles, although they may select different people depending on their family's circumstances.

Yes.

You should always name one or more successor guardians.

Life changes. Your first choice may become unable or unwilling to serve years from now.

Naming alternates provides additional protection and gives the court clear guidance regarding your preferences. 

Yes.

One of the unique features of a Declaration of Guardian is that you may identify individuals whom you do not want appointed as your guardian.

If there is someone you believe would not act in your best interests, this document allows you to communicate that preference to the court. 

Not necessarily.

A Declaration of Guardian does not eliminate the need for a guardianship if one is legally required.

Instead, it tells the court:

• Who you want appointed 
• Who you do not want appointed 

Your declaration becomes an important part of the court's decision-making process.

Many guardianships can be avoided—or their scope significantly reduced—through proper estate planning.

Documents such as a:

• Durable Financial Power of Attorney 
• Medical Power of Attorney 
• HIPAA Authorization 

allow trusted individuals to act on your behalf without immediate court involvement.

A Declaration of Guardian provides an additional layer of protection if a guardianship later becomes necessary despite those documents.

No.

This document simply expresses your wishes if a guardianship is ever needed in the future.

Yes.

You may appoint one person to serve as Guardian of the Person and another to serve as Guardian of the Estate if you believe different individuals are better suited for those responsibilities.

Yes.

As long as you have legal capacity, you may revoke or replace your Declaration of Guardian at any time.

Yes.

A Declaration of Guardian is one of the important documents included in our Comprehensive Estate Planning Package.