Estate Planning

Choosing a Guardian

People Ineligible To Be Appointed As Guardian

by Rania Combs

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 include:

  • a minor;
  • people whose conduct is notoriously inappropriate;
  • an incapacitated person;
  • a person who is a party or whose parent is a party to a lawsuit concerning or affecting the welfare of the proposed ward;
  • a person indebted to the ward unless the person pays the debt before appointment;
  • a person asserting a claim adverse to the proposed ward or the proposed ward’s property, real or personal;
  • a person who because of inexperience, lack of education, or other good reason, is incapable of properly and prudently managing and controlling the ward or the ward’s estate;
  • a person, institution, or corporation found unsuitable by the court; or
  • a person disqualified in a declaration made by the ward prior to incapacity.

Not surprisingly, a court will presume that appointing a person who has been convicted of any sexual offense, sexual assault, aggravated assault, aggravated sexual assault, injury to a child, to an elderly individual, or to a disabled individual, abandoning or endangering a child, or incest is not in the child’s best interest.

About Rania

Rania graduated magna cum laude from South Texas College of Law Houston and is the founder of Rania Combs Law, PLLC. She has been licensed to practice law since 1994 and enjoys helping clients in Texas and North Carolina create estate plans that give them peace of mind.

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