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A BILL TO BE ENTITLED
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AN ACT
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relating to a written declaration to designate a guardian before |
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the need for a guardian arises. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1104.203, Estates Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (a-1) to |
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read as follows: |
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(a) Except as provided by Subsection (a-1), a [A] |
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declaration under this subchapter must be signed by the declarant |
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and be: |
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(1) written wholly in the declarant's handwriting; or |
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(2) attested to in the declarant's presence by at least |
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two credible witnesses who are: |
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(A) 14 years of age or older; and |
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(B) not named as guardian or alternate guardian |
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in the declaration. |
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(a-1) If the declaration does not expressly disqualify any |
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individual from serving as guardian of the declarant's person or |
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estate, the declaration must be signed by the declarant and may be |
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acknowledged by a notary public instead of being attested to in the |
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declarant's presence by witnesses as required by Subsection (a)(2). |
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(b) Notwithstanding Subsection (a) or (a-1), a declaration |
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that is not written wholly in the declarant's handwriting may be |
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signed by another person for the declarant under the direction of |
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and in the presence of the declarant. |
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SECTION 2. Section 1104.204, Estates Code, is amended by |
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adding Subsections (c) and (d) to read as follows: |
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(c) A declaration that complies with the requirements of |
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Section 1104.203(a-1) may, but is not required to, be in the form |
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specified by Subsection (b), except that instead of having attached |
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the self-proving affidavit prescribed by that subsection, the |
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declaration shall have attached the following acknowledgment: |
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STATE OF __________________ |
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COUNTY OF _________________ |
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This instrument was acknowledged before me on the ___ day of |
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__________, 20______, |
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by ________________________ (Declarant). |
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___________________________ |
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Notary Public, in and for |
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the State of Texas |
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Notary's printed name: |
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___________________________ |
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My commission expires: |
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___________________________ |
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(d) A declaration that complies with the requirements of |
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Section 1104.203(a-1) that has attached the acknowledgment |
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provided by Subsection (c) is considered self-proved. |
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SECTION 3. The changes in law made by this Act apply only to |
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a declaration to designate a guardian executed on or after the |
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effective date of this Act. A declaration to designate a guardian |
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executed before the effective date of this Act is governed by the |
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law in effect on the date the declaration was executed, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |