Texas-statutory document
Declaration of Guardian for Minor Children
Tex. Est. Code § 1104.153
Choose who raises your children if you can't.
A parent's written designation of the guardian for their minor children, executed in advance of need. Texas courts give priority to a parent's written designation under § 1104.153; without one, a court chooses without your input. Distinct from a will-based guardian nomination — this document operates independently and stands on its own.
What's included
- Declaration of Guardian for Minor Children (Tex. Est. Code § 1104.153)
- Primary and alternate guardian designations
- Disqualification clause for people you specifically do not want named
- Provisions for guardian-of-the-person and guardian-of-the-estate (can be the same person or different)
- Witness-and-notary execution instructions
- Coordinates with your will's guardian nomination if you have one
Every parent of minor children — single, married, divorced, or widowed.
Custody disputes with the child's other parent, contested guardianship matters, or estates with significant property the guardian will manage on the child's behalf (consider a testamentary trust instead — those route to Continuum Counsel).
Continuum Counsel
When the form stops fitting,
we have a conversation.
TexasEstates is for clean, common situations. For Trusts, blended families, business succession, professionals, tax-driven structures and contested matters, our advisory practice — Continuum Counsel — takes the matter directly.