By: RodrÃguez S.B. No. 511
(Wray)
A BILL TO BE ENTITLED
AN ACT
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 [A]
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.