Can A Parent Appoint A Guardian
For An Incapacitated Adult Child ?

by Rania Combs on March 21, 2011

The thing that worries most parents about dying is typically not what will happen to their stuff. It’s who will take care of their kids. And the worries are compounded for parents of children with special needs who may need a guardian throughout their lives.

You know your child’s personality, temperament, fears, likes and dislikes better than anyone else. So you are in the best position to choose the person who will to serve as your child’s guardian. The Texas Probate Code provides that if you are the parent and guardian of an incapacitated adult child, you can, either by will or declaration, appoint a person to serve as your child’s guardian after your death or in the event of your incapacity.

If you do so, the court will appoint the person you select in preference to anyone else entitled to serve as guardian unless that person is disqualified, dead, refuses to serve, or the court determines that appointing him or her would not serve your child’s best interest. But if you don’t appoint a guardian, then a judge who does not know your child as well as you will have to make that decision in your place.

You know your child better than anyone. You are uniquely qualified to decide who should take care of your him or her in the event of your death or incapacity. By taking the steps necessary to legally appoint that person, you can rest assured that your child will be well cared for by a person you believe is best suited to step into your shoes.

Return to Texas Wills and Trust Online home page →

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