Guardianship

People Ineligible To Be Appointed As Guardian

October 17, 2011

When appointing a guardian for a child, the court will consider what is in the child’s best interest. According to the Texas Probate Code, certain people are statutorily ineligible to be appointed as guardian. These include: a minor; people whose conduct is notoriously inappropriate; an incapacitated person; a person who is a party or whose [...]

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Who is an Incapacitated Person?

August 29, 2011

TTexas Probate Code specifically defines who is an incapacitated person. According to the Code, an incapacitated person is: A minor; An adult individual who, because of a physical or mental condition is substantially unable to provide food, clothing, or shelter for himself or herself, to care for the individual’s own physical healthy, or to manage [...]

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Who Will Raise My Children
if I Die Without Naming Guardians?

May 16, 2011

The thing that drives most young parents to plan make a will is not their stuff. Of course, we all want our children to get as much of our assets as we possibly can give them, but that’s not what we worry about. What worries us most is who will take care of our minor [...]

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Selecting a Guardian in the ‘Modern Family’

April 22, 2011

I think one of the funniest shows on television right now is Modern Family, and last night’s show was especially hilarious as Cameron and Mitchell tried to decide who would raise their daughter Lily’s if something were to happen to them. The couple initially considered Mitchell’s sister Claire and her husband Phil as her guardians, [...]

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

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 [...]

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Is It Possible To Name Guardians for My
Children Without a Will?

November 29, 2010

Many parents name guardians for their children in their wills, but the Texas Probate Code also provides a means of legally naming a guardian in a separate document. The statutes provide that a parent may declare a guardian for their children in a document that is: Written wholly in the handwriting of the person making [...]

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