Guardian Designations for Children
If you are a parent of minor children or a child with special needs, you want to designate a guardian for them in your estate planning documents. On the other hand, if someone has appointed you the guardian of a child, you may be looking for guidance. Here, you can learn more about this complex legal term and what it means for you and your family.
Guardianship in Texas
If a minor child’s parents are deceased, the court will appoint a guardian to care for the child and the child’s estate. The same may be true if the parents of a child with special needs are deceased. To be clear, this trusted person will care for your child only if both parents can do so no longer. Who will be the guardian of your child in these circumstances? You can let a court decide or you can make your own selection.
Without a will, the court considers input from your other family members to determine who should become your child’s guardian. However, if you include a guardianship provision in your estate plan, you ensure there is legal proof of your wishes.
The person who looks after your child’s daily needs does not need to be the same person who controls the assets left for your child.
● A guardian of the estate controls the property and finances of your child.
● A guardian of the person controls your child’s day-to-day care, such as housing, education, and healthcare.
We recommend choosing primary and secondary guardians for your child. A grandparent may be fit to be your child’s guardian at the time of your initial designation, but their health may decline with age. Even the most trusted person could have circumstances that prevent them from accepting the role of your child’s guardian. It is good to have at least one “backup” guardian named in your will.
We Can Help You with Guardian Designations for Children
At Anderson Estate Planning, our knowledgeable team of attorneys has years of experience helping people designate guardians for minor children. We are very familiar with the estate planning process, and this step is just one of many we can help you understand. We will listen to your needs and concerns and guide you on the right path.
Contact Anderson Estate Planning at (469) 207-1529 with any questions about guardian nominations for children in Texas.