Legal Question in Family Law in Texas

Guardians are appointed by Will

The only way to appoint a guardian for your child is to do so by a Will.

Note: If the child has a surviving natural parent, that parent will take preference over anyone appointed by will.

Appointing Guardians

You must use a will to appoint a guardian for minor children. A surviving natural parent will take precedent over anyone appointed in the will, but an appointment in a will gives your appoointee an oppoortunity to be heard regrding the guardianship (gives them standing). You should consider what will happen if your become incapacitated. You are more likely ot becoem incapacitated that you are to die. You should prepapre a good set of powers of attonrey (both financial and busines and a mmedical power of attorney, both being made "durable" under Texdas law. A good attorney can give you the asisstance you need.