| 1 | 1 | | 85R2255 CLG-F |
|---|
| 2 | 2 | | By: Wray H.B. No. 1022 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to a written declaration to designate a guardian before |
|---|
| 8 | 8 | | the need for a guardian arises. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 1104.203, Estates Code, is amended by |
|---|
| 11 | 11 | | amending Subsections (a) and (b) and adding Subsection (a-1) to |
|---|
| 12 | 12 | | read as follows: |
|---|
| 13 | 13 | | (a) Except as provided by Subsection (a-1), a [A] |
|---|
| 14 | 14 | | declaration under this subchapter must be signed by the declarant |
|---|
| 15 | 15 | | and be: |
|---|
| 16 | 16 | | (1) written wholly in the declarant's handwriting; or |
|---|
| 17 | 17 | | (2) attested to in the declarant's presence by at least |
|---|
| 18 | 18 | | two credible witnesses who are: |
|---|
| 19 | 19 | | (A) 14 years of age or older; and |
|---|
| 20 | 20 | | (B) not named as guardian or alternate guardian |
|---|
| 21 | 21 | | in the declaration. |
|---|
| 22 | 22 | | (a-1) If the declaration does not expressly disqualify any |
|---|
| 23 | 23 | | individual from serving as guardian of the declarant's person or |
|---|
| 24 | 24 | | estate, the declaration must be signed by the declarant and may be |
|---|
| 25 | 25 | | acknowledged by a notary public instead of being attested to in the |
|---|
| 26 | 26 | | declarant's presence by witnesses as required by Subsection (a)(2). |
|---|
| 27 | 27 | | (b) Notwithstanding Subsection (a) or (a-1), a declaration |
|---|
| 28 | 28 | | that is not written wholly in the declarant's handwriting may be |
|---|
| 29 | 29 | | signed by another person for the declarant under the direction of |
|---|
| 30 | 30 | | and in the presence of the declarant. |
|---|
| 31 | 31 | | SECTION 2. Section 1104.204, Estates Code, is amended by |
|---|
| 32 | 32 | | adding Subsections (c) and (d) to read as follows: |
|---|
| 33 | 33 | | (c) A declaration that complies with the requirements of |
|---|
| 34 | 34 | | Section 1104.203(a-1) may, but is not required to, be in the form |
|---|
| 35 | 35 | | specified by Subsection (b), except that instead of having attached |
|---|
| 36 | 36 | | the self-proving affidavit prescribed by that subsection, the |
|---|
| 37 | 37 | | declaration shall have attached the following acknowledgment: |
|---|
| 38 | 38 | | STATE OF __________________ |
|---|
| 39 | 39 | | COUNTY OF _________________ |
|---|
| 40 | 40 | | This instrument was acknowledged before me on the ___ day of |
|---|
| 41 | 41 | | __________, 20______, |
|---|
| 42 | 42 | | by ________________________ (Declarant). |
|---|
| 43 | 43 | | ___________________________ |
|---|
| 44 | 44 | | Notary Public, in and for |
|---|
| 45 | 45 | | the State of Texas |
|---|
| 46 | 46 | | Notary's printed name: |
|---|
| 47 | 47 | | ___________________________ |
|---|
| 48 | 48 | | My commission expires: |
|---|
| 49 | 49 | | ___________________________ |
|---|
| 50 | 50 | | (d) A declaration that complies with the requirements of |
|---|
| 51 | 51 | | Section 1104.203(a-1) that has attached the acknowledgment |
|---|
| 52 | 52 | | provided by Subsection (c) is considered self-proved. |
|---|
| 53 | 53 | | SECTION 3. The changes in law made by this Act apply only to |
|---|
| 54 | 54 | | a declaration to designate a guardian executed on or after the |
|---|
| 55 | 55 | | effective date of this Act. A declaration to designate a guardian |
|---|
| 56 | 56 | | executed before the effective date of this Act is governed by the |
|---|
| 57 | 57 | | law in effect on the date the declaration was executed, and the |
|---|
| 58 | 58 | | former law is continued in effect for that purpose. |
|---|
| 59 | 59 | | SECTION 4. This Act takes effect September 1, 2017. |
|---|