How do I choose the right person to be the guardian for myself or my dependents in Texas?

Have you drafted a Last Will & Testament? Does it reflect your desires for your children’s future? It’s a subject that might not cross your mind daily, yet it’s crucial. While your assets are significant, your children’s welfare is paramount. Ensure your will specifies legal guardians for your minor children in the event you’re incapacitated, deceased, or otherwise unable to care for them. Arrange your estate planning with the Law Office of Dana Baker.

Before appointing a guardian, avoid these common errors:

• Lack of Long-Term Perspective: Consider the scenario where a guardian predeceases you or is unable to assume the role. Having a contingency plan addresses these uncertainties, ensuring your children’s welfare is safeguarded.
• Vague Instructions on Child-Rearing: Specify your preferences for your children’s education, nutrition, and religious upbringing to ensure your wishes are respected.
• Single Guardian Dependency: Naming multiple guardians ensures your children’s care is secured, providing alternatives if the initial choice is untenable.
• Failing to Exclude Certain Individuals: Explicitly state who you do not wish to be guardians to prevent potential family disputes, especially if you are divorced with primary custody.
• Appointing Someone Under Pressure: Choose a guardian based on your convictions, not to placate someone else. The decision should solely reflect your best judgment for your children’s upbringing.

Considerations for Appointing a Guardian:

• Parenting Capability: Evaluate a potential guardian’s parenting skills and experience.
• Environment and Lifestyle: The guardian’s living situation and neighborhood impact your children’s upbringing.
• Values and Beliefs: Align your children’s upbringing with guardians who share similar religious and moral values.
• Financial and Employment Stability: Ensure the guardian can provide a stable and secure environment for your children.
• Age and Life Stage: Consider the guardian’s age and life phase to ensure they’re prepared for the responsibility.

Consequences of Not Pre-selecting a Guardian:

Without a pre-appointed guardian, the courts will intervene to determine your children’s future, which might not align with your preferences. Planning ahead avoids legal disputes among family members and prevents your children from entering the foster system.

Guardianship vs. Child Custody in Texas:

Understand the distinctions between legal guardianship, which can be assigned to a person or organization by the court, and child custody, typically reserved for parents. These roles differ in rights, responsibilities, and duration.

If You’re Divorced and Pass Away:

Should you be deceased and divorced, the care of your children primarily reverts to the surviving biological parent, barring exceptions such as a history of abuse or neglect. Pre-arranging a guardian ensures your children are cared for according to your wishes.

For personalized guidance and to ensure your children’s future is secure, contact the Law Office of Dana Baker at 979-310-5507.