Austin probate lawyers

Designation of Guardian

Under the Texas Probate Code, surviving parents of minor or disabled children have the power to appoint a guardian for the children should the parent pass away or become incapable of performing their duties. In addition, a parent may prohibit certain individuals from gaining guardianship of their children.

“The competent surviving parent of a minor or an adult individual who is an incapacitated person may by will or written declaration appoint any eligible person to be guardian or alternate guardian of the person and/or estate of a minor or adult individual who is an incapacitated person after the parent’s death or in the event of the parent’s incapacity. If the parent dies or is found by the court to be incapacitated, the court shall appoint the person designated in the will or declaration unless the court finds that the designated guardian is disqualified, is dead, refuses to serve, or would not serve the best interests of the prospective ward.”

“The competent surviving parent of a minor or an adult individual who is an incapacitated person may by will or written declaration appoint any eligible person to be guardian or alternate guardian of the person and/or estate of a minor or adult individual who is an incapacitated person after the parent’s death or in the event of the parent’s incapacity. If the parent dies or is found by the court to be incapacitated, the court shall appoint the person designated in the will or declaration unless the court finds that the designated guardian is disqualified, is dead, refuses to serve, or would not serve the best interests of the prospective ward.”

The parent is permitted to designate more than one guardian, so if the first is for some reason unable to take responsibility, the court will then award the child to the second guardian as dictated in the will. If all persons dictated by the will are unable to serve, the court will appoint a guardian.

In addition to the child, the guardian may be granted guardianship over the estate as well. The estate will be intended to go to the child, but until the child is an adult, the guardian will have the responsibility of caring for it.

If you would like to designate a guardian for your child, contact Austin probate lawyers at the offices of Slater & Kennon by dialing 512-472-2431 today.

Centrally located in the Arboretum area of north Austin, the Slater & Kennon law firm represents clients in Travis County, Bastrop County, Burnet County, Williamson County, and Hays County, including the cities of Austin, San Marcos, Bastrop, Burnet, and Georgetown.