Sec. 1104.158. PRIMA FACIE EVIDENCE. A properly executed and witnessed self-proving declaration, including a declaration and self-proving affidavit described by Section 1104.152(c), is prima facie evidence that:
(1) the declarant was competent at the time the declarant executed the declaration; and
(2) the guardian named in the declaration would serve the best interests of the ward or incapacitated person.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Structure Texas Statutes
Title 3 - Guardianship and Related Procedures
Subtitle D - Creation of Guardianship
Chapter 1104 - Selection of and Eligibility to Serve as Guardian
Subchapter D. Written Declaration by Certain Parents to Appoint Guardian for Their Children
Section 1104.152. Requirements for Declaration
Section 1104.153. Form and Content of Declaration and Self-Proving Affidavit
Section 1104.154. Alternative to Self-Proving Affidavit
Section 1104.155. Alternate Self-Proving of Declaration
Section 1104.156. Filing of Declaration and Self-Proving Affidavit
Section 1104.157. Proof of Declaration
Section 1104.158. Prima Facie Evidence
Section 1104.159. Revocation of Declaration
Section 1104.160. Alternate or Other Court-Appointed Guardian