Texas Estates Code 1104.053 – Guardian Designated by Will or Written Declaration
(a) Notwithstanding § 1104.001 or 1104.051, the surviving parent of a minor may by will or written declaration appoint any eligible person to be guardian of the person of the parent’s minor children after the parent dies or in the event of the parent’s incapacity.
(b) After the surviving parent of a minor dies or if the court finds the surviving parent is an incapacitated person, the court shall appoint the person designated in the will or declaration to serve as guardian of the person of the parent’s minor children in preference to another 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 minor children’s best interests.
Terms Used In Texas Estates Code 1104.053
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Minor: means a person younger than 18 years of age who:
(1) has never been married; and
(2) has not had the disabilities of minority removed for general purposes. See Texas Estates Code 22.022 - Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) On compliance with this title, an eligible person is also entitled to be appointed guardian of the minor children’s estates after the surviving parent dies or in the event of the surviving parent’s incapacity.