Texas Estates Code 1163.1011 – Use of Unsworn Declaration in Lieu of Sworn Declaration or Affidavit for Filing Annual Report
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(a) A guardian of the person who is required to file an annual report under § 1163.101 with the court, including a guardian filing the annual report electronically, may use an unsworn declaration made as provided by this section instead of the sworn declaration or affidavit required by § 1163.101.
(b) An unsworn declaration authorized by this section must be:
(1) in writing; and
(2) subscribed by the person making the declaration as true under penalty of perjury.
Terms Used In Texas Estates Code 1163.1011
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- 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.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The form of an unsworn declaration authorized by this section must be substantially as follows:
I, (insert name of guardian of the person), the guardian of the person for (insert name of ward) in _______ County, Texas, declare under penalty of perjury that the foregoing is true and correct.
Executed on (insert date)
________________________
(signature)
(d) An unsworn declaration authorized by § 132.001, Civil Practice and Remedies Code, may not be used instead of a written sworn declaration or affidavit required by § 1163.101.