A Declaration of Guardian, authorized under Texas Estates Code §§1104.201–206, allows you to name the individuals you trust to serve as your guardian if a court ever determines that a guardianship is necessary due to incapacity. It also allows you to disqualify specific people you do not want appointed, ensuring they cannot use the court system to insert themselves into your affairs. Although strong powers of attorney typically prevent the need for a guardianship, this declaration provides a crucial safeguard by protecting against attempts to circumvent your POAs and ensuring that, if a guardianship becomes unavoidable, the right person is appointed and the wrong person is kept out.
