How to Name a Guardian for Minor Children in TX

Our Pearland and Lake Jackson estate planning attorney guides parents through the legal documents needed to ensure children are protected.

As a parent, making sure your children are protected and provided for is a top priority. Estate planning now helps you in achieving that goal. If you have little ones, one of your first tasks should be naming a legal guardian for them in the event anything happens to you. Our Pearland and Lake Jackson estate planning attorney explains more about the process.

Why it is Important to Name a Guardian for Your Children

Unexpected events can happen. An accident or an unexpected illness can jeopardize your health and your ability to provide for your children. No one wants to think about the possibility that their children could be left parentless, but sadly, it happens.

According to the Centers for Disease Control and Prevention (CDC), close to 150,000 children were left orphaned or lost a primary caregiver during the COVID pandemic alone. In the event the unexpected happens, naming someone to act as their guardian helps ensure they are protected.

Establishing guardianship in Texas is best done through an experienced estate planning attorney. You can designate a guardian through your will or via a separate declaration. You will need to clarify matters with the person you select first and, if possible, you may want to consider funding a trust to make sure they have the financial resources needed.

What to Consider in Selecting a Guardian

Under the Texas law, there are two types of guardianship: guardianship of the person and guardianship of the estate. A guardianship may be required if the child does not have a surviving parent.

As a guardian will play a major role in your child’s life, you will want to make your selection carefully. Factors to consider include:

• Is the person able and willing to serve as a guardian?
• Is their age or health a consideration?
• Would being a parent fit into their lifestyle?
• Would they be willing to make whatever changes are needed?
• Are they someone your child is familiar with?
• Do they share a similar philosophy when it comes to child-rearing?
• Do they share your religious, philosophical, or religious beliefs?
• Do they have a home and other financial resources needed to provide for your child?
• Are you able to provide for housing, food, childcare, educational expenses, and other costs via a trust?

Discuss Your Options With Our Pearland, Texas or Lake Jackson, Texas Estate Planning Attorneys

The care and well-being of your child is nothing you want to leave to chance. Estate planning, which includes naming a guardian, helps to ensure they are protected in the event the unexpected happens. At the Cordoba Law Firm, PLLC, we are here to help. To discuss your options, call or contact our office online and request a consultation with our Pearland or Lake Jackson estate planning attorneys today.