Choosing a Guardian

Naming a guardian is one of the most important decisions parents can make. It ensures your children will be raised by someone you trust, not someone chosen by a court.

Can Minor Orphans in Texas Select Their Own Guardians?

In Texas, minor orphans who’ve reached the age of discretion, usually 12 or older, can ask the court to appoint the guardian they prefer. The law gives children a voice in deciding who will care

Who Will Raise My Children if I Die Without Naming Guardians?

The thing that drives most young parents to plan to make a will is not their stuff, but who will take care of our minor children if the unthinkable happens. Naturally, we all want our

How to Name a Guardian For Your Children

The part of estate planning that most parents struggle with is naming a guardian for their children. For some parents, the process of selecting a guardian is easy. They have close relationships with certain family

Must a Court Honor Parents’ Appointment of Guardian?

The issue that drives most parents to engage in estate planning is appointing a guardian for their children. Texas gives parents to right to appoint a guardian for their children in a Will or a

Can I Name a Relative Who Lives Abroad as Guardian of My Children?

A colleague in a listserv to which I subscribe asked an interesting question: Can parents name a relative who lives in a foreign country as guardian of their children? Here’s the situation: The clients are

Who Will Take Care of my Disabled Child When I Die?

As parents of children with disabilities age, thinking about who will take care of their children after they become disabled or die can cause significant anxiety. Choosing a person willing to take on the responsibilities

People Ineligible To Be Appointed As Guardian

When appointing a guardian for a child, the court will consider what is in the child’s best interest. According to the Texas Estates Code, certain people are statutorily ineligible to be appointed as guardian. These

Selecting a Guardian in the “Modern Family”

I think one of the funniest shows on television right now is Modern Family, and last night’s show was especially hilarious as Cameron and Mitchell tried to decide who would raise their daughter Lily’s if

Can A Parent Appoint A Guardian For An Incapacitated Adult Child ?

The thing that worries most parents about dying is typically not what will happen to their stuff. It’s who will take care of their kids. And the worries are compounded for parents of children with

Is It Possible To Name Guardians for My Children Without a Will?

Many parents name guardians for their children in their wills, but the Texas Estates Code also provides a means of legally naming a guardian in a separate document. The statutes provide that a parent may

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