Bill Text: TX HB1022 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to a written declaration to designate a guardian before the need for a guardian arises.
Sponsorship: Partisan Bill (Republican 1)
Status: (Engrossed - Dead) 2017-05-19 - Referred to State Affairs [HB1022 Detail]
Download: Texas-2017-HB1022-Introduced.html
| 85R2255 CLG-F | ||
| By: Wray | H.B. No. 1022 | |
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| relating to a written declaration to designate a guardian before | ||
| the need for a guardian arises. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 1104.203, Estates Code, is amended by | ||
| amending Subsections (a) and (b) and adding Subsection (a-1) to | ||
| read as follows: | ||
| (a) Except as provided by Subsection (a-1), a [ |
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| declaration under this subchapter must be signed by the declarant | ||
| and be: | ||
| (1) written wholly in the declarant's handwriting; or | ||
| (2) attested to in the declarant's presence by at least | ||
| two credible witnesses who are: | ||
| (A) 14 years of age or older; and | ||
| (B) not named as guardian or alternate guardian | ||
| in the declaration. | ||
| (a-1) If the declaration does not expressly disqualify any | ||
| individual from serving as guardian of the declarant's person or | ||
| estate, the declaration must be signed by the declarant and may be | ||
| acknowledged by a notary public instead of being attested to in the | ||
| declarant's presence by witnesses as required by Subsection (a)(2). | ||
| (b) Notwithstanding Subsection (a) or (a-1), a declaration | ||
| that is not written wholly in the declarant's handwriting may be | ||
| signed by another person for the declarant under the direction of | ||
| and in the presence of the declarant. | ||
| SECTION 2. Section 1104.204, Estates Code, is amended by | ||
| adding Subsections (c) and (d) to read as follows: | ||
| (c) A declaration that complies with the requirements of | ||
| Section 1104.203(a-1) may, but is not required to, be in the form | ||
| specified by Subsection (b), except that instead of having attached | ||
| the self-proving affidavit prescribed by that subsection, the | ||
| declaration shall have attached the following acknowledgment: | ||
| STATE OF __________________ | ||
| COUNTY OF _________________ | ||
| This instrument was acknowledged before me on the ___ day of | ||
| __________, 20______, | ||
| by ________________________ (Declarant). | ||
| ___________________________ | ||
| Notary Public, in and for | ||
| the State of Texas | ||
| Notary's printed name: | ||
| ___________________________ | ||
| My commission expires: | ||
| ___________________________ | ||
| (d) A declaration that complies with the requirements of | ||
| Section 1104.203(a-1) that has attached the acknowledgment | ||
| provided by Subsection (c) is considered self-proved. | ||
| SECTION 3. The changes in law made by this Act apply only to | ||
| a declaration to designate a guardian executed on or after the | ||
| effective date of this Act. A declaration to designate a guardian | ||
| executed before the effective date of this Act is governed by the | ||
| law in effect on the date the declaration was executed, and the | ||
| former law is continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect September 1, 2017. | ||
