If the unimaginable ever happens, you do not want a situation where a judge makes the decision of who becomes the guardian of your children. Therefore, it is important to designate a guardian for your children if you become incapacitated or pass away. It cannot be stressed enough how this is a vital part of estate planning in Colleyville.
Designating a guardian is another tool that will give you the peace of mind that comes from knowing your wishes will be carried out if you become incapacitated. You can designate a guardian to take care of yourself and/or to take care of your child or children. A designation of a guardian is something that every parent should have to protect their children during their Colleyville estate planning.
Designation of a Guardian in Texas
Upon your incapacitation, disability, or death, a court may name the individual that you designated as a guardian as the guardian of your children. A legally appointed guardian will have the authority to decide living arrangement, legal agreements, and medical and health care decisions. The guardian has the responsibility to always consider the best interests of the child when making a decision.
It’s important to note that even though you designated an individual to be a guardian, the court may disqualify the guardian if:
- The State of Texas feels that the named person is not fit to be a guardian due to bad conduct
- The State of Texas feels that the named person is not experienced or incapable
- The person is a minor
- The State of Texas finds that there’s a conflict of interest, due to issues such as indebtedness to you, a property claim against you, or a lawsuit
You can so designate a guardian for yourself
When you designate a guardian for yourself in the event of incapacity, disability, or death, they essentially have power of attorney over you, your affairs, and essentially your estate.
The person you choose will still need to be legally appointed by the court. They are still subject to being evaluated by the court; in other words, the court may disqualify them for similar reasons listed above.
Contact the Fetty Firm
Rashelle Fetty and the Fetty Firm can answer questions about designating a guardian as well as your entire Colleyville estate plan. Contact her office today for a consultation.