Declaration of Guardian for Children / Declaration of Guardian in the Event Need Arises

What is a Guardian?

Children under the age of 18 and adults that are found by a court to be unable, due to physical or mental condition, to care for their basic needs and/or manage their financial affairs are considered legally incapacitated. Texas law requires a person, called a guardian, to be appointed to manage their affairs. A guardian is the person with the legal authority and duty to care for the personal wellbeing and the property of the minor or otherwise incapacitated person.

Parents are the natural guardians of their minor children. If one parent dies, the surviving parent continues as the natural guardian of the child’s personal wellbeing and is entitled to be the guardian of the child’s property.

In all other cases, a court will appoint a guardian with responsibility for the wellbeing (guardian of the person) and the property (guardian of the estate) of the incapacitated person. In many cases, a court appointed one guardian for both purposes

What is a Declaration of Guardian for Children?

A surviving parent is allowed by Texas law to designate, by written declaration or by will, who the parent wishes be the guardians of the person and the estate of the parent’s minor children and incapacitated adult children if the surviving parent dies or becomes incapacitated.

A court will appoint the guardians and must appoint the individual(s) you designate that are willing and qualified to serve so long as the court finds no reason the appointment is not in the best interest of the children. A surviving parent may also list those individuals that the parent does want a court to appoint and a court must respect those instructions.

What is a Declaration of Guardian in the Event Need Arises?

Texas law also allows you to designate, by written declaration or will, who you would want to be guardian of your person and guardian of your estate if a court found you were legally incapacitated and need a guardianship.

Just as with the Declaration for Guardian of Children, the court must appoint the individual(s) you designate that are otherwise willing and qualified to serve so long as the court finds no reason the appointment is not in your best interest. You may also declare whom you do not want the court to appoint as either guardian of your person or guardian of your estate.

 

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