If two or more relatives are of the same degree of kinship (eg. If no grandparents are still alive or willing and able to become the guardian, then the relative closest in kinship will be chosen. If there is more than one grandparent still alive, then the court must choose which one would be in the best interests of the child. A grandparent is the first person that the court looks to to nominate as the guardian. Without the proper estate planning document in place then the court will make that decision for you using fairly strict rules spelled out in Texas law. The advantage of making the appointment in a separate document (declaration of guardian) is that the guardianship could take effect if you were to become incapacitated in some way.īut what if you do not have a designated guardian via a will or declaration of guardian? Who would be appointed the guardian of your minor child then? The advantage of doing this through your will is that it prevents you from having to deal with an additional document. ![]() You could likewise designate a guardian in a separate document called a declaration of guardian. ![]() This person could be the same person you name as the trustee for your children’s trust, but it doesn’t have to be. You can actually designate who you would like to be the guardian of your minor children in your will. This is another situation that shows how important proper estate planning is. ![]() But what if both parents were no longer alive? Who would take care of your children then? If you have minor children and you were to pass away, then, barring some very extreme circumstances, your children would be raised by the other parent of your children. One of the most important questions for every parent is this: Who will be the guardian of my children if I die before they are adults?
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