Appointment of Guardian for Minor Children

There’s nothing more important than making sure your children are protected and cared for. That includes making arrangements for who will become their legal guardian if both parents pass away. It’s an unpleasant topic to discuss, but it’s important that a guardian is appointed in the event of your death and the death of your child’s other parent.

The legal document for choosing someone to care for your child upon your death is a Declaration for Appointment for Minor Children, although it’s sometimes referred to as an Appointment of Guardian for Minor Children.  This written declaration is used to name an eligible person that you choose to become the guardian of your children if you die while they are under the age of 18 – legally, minors. The declaration of appointment can be created as a stand-alone legal document or included as part of your last will and testament.

A stand-alone declaration is very beneficial in the following situations, among others:

• if you don’t have a will and want to ensure your children will be cared for;
• to serve as a “safety net” for your children in the event a declaration of appointment was overlooked and not inserted in your will at the time it was drafted;
• to serve as a “safety net” for your children in the event your will is found to be invalid because it’s not fully-compliant will Texas law; and,
• to serve as a “safety net” for your children in the event there were no minor children in existence when your valid and current will was first created.

A stand-alone declaration can solve a big problem if your will that does include a declaration of appointment cannot be found or submitted to a court for several weeks or even months after your death. A minor will need to have at least a temporary guardian appointed almost immediately after both parents’ deaths.

Creating a declaration and keeping it separate from the will means that the person who is named guardian of your children can keep a copy of the declaration and immediately submit it to the court for appointment. A separate declaration will also be accessible in the case of your disability, when your loved ones would not necessarily be looking for your will.

Texas imposes strict requirements for the creation of a valid written declaration that names your children’s guardian upon your death. It’s important you comply with state law to ensure your children are placed with the person you choose.

You can choose alternate guardians to care for your child if the person you choose as guardian cannot perform their duty for whatever reasons. The court will appoint someone to become the guardian of your children if none of your chosen guardians are able fulfill their roles.

It’s necessary to discuss your choice with the person you wish to name as guardian. As you know, there is no greater responsibility or larger task than raising a child. The appointed guardian should agree beforehand to be named in the declaration and be prepared for this role if you were to pass away.

Contact an estate planning lawyer when you’re ready to adopt a plan for who will raise your children if you’re unable to. Seasoned lawyers like ours can help you create a guardianship declaration that melds with all the components of your estate plan. Our firm practices only estate planning law. We’re here to discuss your options.