How To Designate a Guardian for Your Children in Texas
One of the most important decisions parents can make is who will care for their children if something happens to them. In Texas, you can legally name a guardian for your minor children in your will. This critical step ensures that your children are raised by someone you trust rather than leaving that decision up to the courts.
What is a Guardian?
A guardian of a person is someone appointed or designated to care for your child’s physical well-being providing a home, education, and day-to-day support. A guardian of the estate manages any money or property your child inherits. These roles can be filled by the same person or different individuals, depending on preferences.
How to Legally Appoint a Guardian in Texas
Create a designation of guardian for your minor children in a legal document separate from your will. It’s not uncommon to see a guardian designated in a person’s will, but this is not the optimum way to designate a guardian. As a will is not effective until probated (and there is a four-year limitations period to offer a will for probate), the delay in providing your children with a guardian could be significant. Notwithstanding potential delays, if the will is lost, or never admitted to probate for some other reason, the provisions regarding guardianship would be ineffective.
Name an alternate guardian in case your first choice is unable or unwilling to serve when called upon.
Consider Letters of Explanation, while not legally binding, a letter explaining your reasoning can be helpful if a court ever reviews your choice(s).
Talk to the guardian(s) you have selected to care for your children. Make sure your chosen guardian is aware of your wishes and is willing to take on the responsibility.
Review and update your choices as needed, regularly revisiting your guardian designation particularly if circumstances change such as in divorce, remarriage, or the death of a named guardian.
If no guardian is named, the court will decide who will raise your children, often after a potentially lengthy and emotional process involving family members or the State. Making this decision now can avoid conflict and uncertainty later.
Give Yourself Peace of Mind
Designating a guardian is a loving and responsible act. It gives you peace of mind knowing your children will be cared for by someone you trust. Work with an experienced estate planning attorney like McGarvey PLLC to ensure your wishes are clearly and legally documented. Contact us today at 281.501.3030.
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