“If the unimaginable happens, without a designation of guardian, your children could be placed in the care of someone you would never choose to raise them. A judge who does not know your family decides who will care for your kids.”
What Is the Designation of a Guardian Under Texas Law?
As recognized by Texas law, a designation of guardianship is a legal document where you have the ability to name the guardian of your minor children in the event of your death or disability. Upon your death or disability, the court is more likely to name that person as the rightful guardian of your child or children based upon your choosing during your lifetime.
Duties of a Guardian
The guardian has powers and duties much like those of a mother or father. The guardian may make personal decisions for their ward relating to living arrangements, legal agreements or withholding of medical or other professional health care. The guardian has a duty to always make decisions that are in the best interests of the ward.
Who Does Texas Allow to be a Guardian?
The state of Texas often allows the person named in the Designation to be appointed Guardian. There are, however, certain instances where an individual named by you may be disqualified per Texas Law. Three of the most common reasons for disqualification are:
Notoriously Bad Conduct
While the state assumes that the person named in the document is fit to serve as guardian, there are certain instances of bad conduct by the designee that would disqualify them.
Inexperience or Incapacity
A person who is a minor or otherwise does not have the proper experience to care for others or manage their estate may be disqualified.
Conflict of Interest
This may occur if the person you designate is indebted to your child or you (if the designation is for guardianship of your estate), asserts a claim against your property, or is a party to a lawsuit.
While there are many other things to consider when utilizing a Texas Designation of Guardian for yourself or your children, this article is meant to summarize the most common questions clients ask. Please contact our offices in the Dallas, Texas, area to discuss whether a Designation of Guardianship would be a beneficial part of your estate plan.