By the Estate Planning Attorneys at Smith & Garg, LLC, serving The Woodlands, Spring, Houston, Conroe, Humble, Kingwood, Tomball, Cypress, Huntsville, Westchase, Southwest, Sugar Land, West Oaks, Alief, Memorial, River Oaks, Stafford, Katy, and Missouri City.

PARENTAL APPOINTMENTS OF GUARDIANS FOR CHILDREN

A “Guardian” is a person or persons who will serve as guardian of the person and estate of your minor children if something were to happen to you prior to their reaching the age of majority (18). In effect, a Guardian will be responsible for the care, custody and finances of your minor children upon your death. As you can imagine, this is a very important selection to make if you have young children. If you pass away leaving minor children without executing a valid Will or Appointment of Guardian during your lifetime, then a probate judge will be the one to decide who will shelter and raise your children.

The appointment of another person to care for your minor children if something were to happen to you is a difficult concept to consider. Although it serves as one of the primary motivators for parents to create a Last Will and Testament, appointing a guardian for a child is something many people avoid discussing and therefore postpone. However, if you (or both you and your spouse, if married) were to pass away while your children are under the age of 18, you—not a court—should be the one selecting who will provide for their care, shelter, and finances.  Whether it is handled within a Will or within a Written Declaration of Guardian, a properly drafted and executed Appointment of Guardian created by the Houston Wills & Trusts attorneys at Smith & Garg will provide the peace of mind that comes with knowing your children will be well cared-for if the need for a guardian arises.

Appointing a guardian for the care of your children within a Will may not be feasible or cost-effective for your particular circumstances. Texas law provides that a separate document, often called a Written Declaration of Guardian, may be executed to serve as the formal expression and memorial of your wishes for the care and custody of your children. Just as is the case when executing a Will, there are certain requirements and formalities that must be observed in the drafting and execution of a Written Declaration of Guardian. The qualified Wills and Trusts attorneys at Smith & Garg are available to advise on the necessary procedures for implementing a designation of guardian, as well as guide you on the circumstances of their admission to the probate court.

Appointing a guardian for your minor children is not an issue that should be postponed. We strongly suggest that those with children under the age of 18 contact the Wills and Trusts attorneys at Smith & Garg today to learn more about this important process.

Call Smith and Garg today at 281.210.0010 or complete our Contact Form and let us assist you with your wills and trusts.