Declaration of Guardian for Minor Children

The guardianship process in Texas is lengthy and expensive.  In the unfortunate situation where a parent is no longer able to take care of their child, whether due to incapacity or death, it is possible that the question arises as to where your child would go.

Appointing a Guardian

Texas law allows you to appoint a guardian through a form called Declaration of Guardian for Minor Children. You can also appoint a guardian through your will. The person you appoint as guardian takes on the important role of raising your child in your place.

If the child’s other parent is still living, Texas will appoint that parent as the guardian.  The next people in line after the surviving parent are grandparents.  If there is a reason that the surviving parent or grandparents should not be appointed, we strongly recommend having this form signed and in place, so it is clear what is best for your child.  You can disqualify someone from serving as guardian for your child.

Can I appoint more than one person?

Yes!  Many people appoint a couple.  The question that we ask to cover all situations is what happens if that couple divorces? Who would the child stay with in that situation?  Example: You have a sibling who is married and would love and raise your child like her own.  If she were to divorce, would you want the ex-spouse to have guardianship over your child? What if something happens to both of these people?  Who would you want as a possible backup to raise your child?

You can even appoint a temporary guardian in case your choice of guardian lives in another state.  This ensures your child is placed with someone they know and trust.

Can I add special language?

Absolutely!  For example, if your child lives in Austin and attends a great Elementary School.  Our guardianship lawyers can add language to request that your guardian keep your child at that school. We can stipulate that if your guardian lives in another state and is unwilling to move to Texas, then the next named person would become the guardian of your child.

What if I have more than one child?

This form covers all of your children. We can prepare one form where all of the children are to stay together with a particular guardian; or, we can prepare separate forms requesting that certain children go with a certain guardian.

Completing the form

More often than not, may parents complete this form to prevent their child from going to someone in particular.  This form is only good while your child is under the age of 18. If you have a child with special needs, we can prepare a different form to ensure he/she is taken care of as well.

As part of a guardianship, the court requires a guardian to pay for bond insurance.  We add to our form for that to be waived to minimize costs for your child’s guardian.

The Declaration of Guardian for Minor Children form must be witnessed by two people (who are not listed in the form) in the presence of a notary public.

Making sure your child is well taken care of in the event you are not able to is a tough thing to think about.  We understand that.  But we also know that it is much harder when the court is making this decision.  To avoid the court deciding what is best for your child, let Hardie Alcozer prepare this form for you. You know better than anyone what is best for your child!

If you have any questions or would like to schedule an appointment, please contact our office.