Texas Estate Planning and Guardianship Attorneys
Ensure future care that you can trust for your family
When we think about the future, no one likes to consider worst-case scenarios, like your child being left without a parent. While chances of this happening are low, it’s still best for your child if you have a plan in place.
At the law firm of Shann M. Chaudhry Esq., Attorney at Law PLLC, our estate planning attorneys bring an empathetic, communicative approach to working with clients, helping them put together estate plans with minor children and disabled or incapacitated adults in mind.
Making guardianship decisions can be overwhelming, but part of our job is to make the process more manageable for you. We bring years of experience to helping clients across Texas through this important process.
If you are thinking about making or revising an estate plan, contact us. Our experienced attorneys can answer your questions and help you set up a plan that supports your needs and preferences.
What Is Guardianship in Estate Planning?
A well-thought out estate plan isn’t just writing a will. It should also plan ahead for the care of your minor children or any adults you’re legally responsible for, such as an adult child with disabilities or a spouse who is now incapacitated due to disease, injury, or other causes.
A Selection of Guardianship is an important legal document that helps make sure your dependent loved ones are cared for in the long term.
No one can predict the future. If you die or become incapacitated—i.e. unable to care for yourself or manage your financial affairs—before your minor child turns eighteen, a Selection of Guardianship allows you to decide who you’d like to care for your dependent.
Guardianship is a court-appointed process, meaning that a judge has the final say in who is appointed guardian.
However, if you state a preference for guardianship in your estate plan, the judge’s decision will almost always honor your wishes. Once someone is appointed guardian, the court will monitor their decisions and how they care for the person they are responsible for, also known as a “ward.”
Even though the chances of needing a guardian are low, it’s still an important part of creating an estate plan. What’s more, if a guardian is needed to raise your child for you, the guardian you choose will significantly impact your child’s future.
No one can predict the future. If you die or become incapacitated—i.e. unable to care for yourself or manage your financial affairs—before your minor child turns eighteen, a Selection of Guardianship allows you to decide who you’d like to care for your dependent.
Guardianship is a court-appointed process, meaning that a judge has the final say in who is appointed guardian.
However, if you state a preference for guardianship in your estate plan, the judge’s decision will almost always honor your wishes. Once someone is appointed guardian, the court will monitor their decisions and how they care for the person they are responsible for, also known as a “ward.”
Even though the chances of needing a guardian are low, it’s still an important part of creating an estate plan. What’s more, if a guardian is needed to raise your child for you, the guardian you choose will significantly impact your child’s future.
When do you need a guardianship?
Guardianship is legally required for minor children and for incapacitated adults, meaning adults who are unable to manage their own finances or provide for themselves.
Incapacitated adults can be adult children with disabilities that make them unable to live independently, but they can also be a spouse who depends on you due to an injury or illness, such as dementia. Likewise, you might also decide to select a guardian for yourself, in case you were ever incapacitated.
Please note that guardianship is different from designating Powers of Attorney.
In your estate plan, you can give family, friends, or organizations Medical and Durable Powers of Attorney (POA) so that they can make decisions for you, should you become incapacitated. In fact, we recommend that you do so, as designating Powers of Attorney gives you more control.
It lets you specifically identify which decisions your POA can make for you. While you should give serious consideration to whom you’d like to act as your POA, your selection doesn’t need to be affirmed by a judge.
In your estate plan, you can give family, friends, or organizations Medical and Durable Powers of Attorney (POA) so that they can make decisions for you, should you become incapacitated. In fact, we recommend that you do so, as designating Powers of Attorney gives you more control.
It lets you specifically identify which decisions your POA can make for you. While you should give serious consideration to whom you’d like to act as your POA, your selection doesn’t need to be affirmed by a judge.
Our Guardianship Services in Texas
Our San Antonio and Austin estate planning law firm supports our clients from start to finish as they plan for legal guardianship as part of a comprehensive estate plan.
Selection of Guardianship for Self & Estate
A Selection of Guardianship for Self and Estate let you to determine who you’d like to have the court appoint as your guardian if you are incapacitated, as well as who you’d like to have be the guardian of your estate.
For an adult to be declared incapacitated and in need of a guardian, the person seeking guardianship needs to provide evidence to the court of their inability to care for themselves. This is typically done by a certificate from a physician that details the incapacity.
While guardianship and Powers of Attorney (POA) are different, keep in mind that POA designations can sometimes function as alternatives to guardianship. POA provides more control, including control over what kinds of decisions the person can make for you.
Like all legal documents, POA and Selection of Guardianship need to be drafted and signed when you are still of sound mind.
Selection of Guardianship for Minor Children
Selecting a guardian for your minor children is an important part of any estate plan.
Although the odds of needing a guardian for your children are low, it’s better to be prepared and state your preference in your legal documents.
Without a stated preference, the court appoints a guardian without any knowledge of who you would prefer to have raise your child. Your stated preference isn’t legally binding to the court, but a judge will almost always rule in favor of your selected guardian.
Selection of Guardianship for Minor Children
Selecting a guardian for your minor children is an important part of any estate plan.
Although the odds of needing a guardian for your children are low, it’s better to be prepared and state your preference in your legal documents.
Without a stated preference, the court appoints a guardian without any knowledge of who you would prefer to have raise your child. Your stated preference isn’t legally binding to the court, but a judge will almost always rule in favor of your selected guardian.
Contact Our Texas Estate Planning Law Firm
At the law firm of Shann M. Chaudhry Esq., Attorney at Law PLLC, our estate planning attorneys in San Antonio and Austin have extensive experience in working with clients to prepare comprehensive estate plans, including selections of guardianship.
A commitment to clear and reliable communication is at the heart of everything we do.
If you are making or revising an estate plan, our estate planning law firm can walk you through the process. Contact us for a consultation.
Texas Guardianship FAQs
Why is a Declaration of Guardianship included in an estate plan?
A Declaration of Guardianship is included in an estate plan so that you can have a voice in who you would like to have as a guardian, should you ever need one.
There are different types of guardianship, including a guardianship of the estate and a guardianship of the person. Both should be addressed in your estate plan.
Although guardianship is similar to designating Powers of Attorney, POA tends to be far more specific and controlled. A Declaration of Guardianship is a smart safety net in case you ever need support that goes beyond what you’ve granted through POA.
If you need to create or revise an estate plan, the attorneys at our Texas estate planning law firm can help you navigate the process.
Can you name a guardian in a trust?
In a revocable living trust you can name another person, such as a spouse or adult child, to manage your assets. This person effectively operates as your guardian and allows you to avoid a court-appointed guardian.
You can’t name a guardian for your minor children in a living trust, only a will, which doesn’t go into effect until you die.
In other words, if you become incapacitated, your will and stated preference for your children’s guardian wouldn’t be activated.
Who can be a guardian in Texas?
In Texas, a legal guardian can be any adult with capacity, such as a family member or close friend, that the court feels will act in the minor child or incapacitated person’s best interest.
That said, if parents of a minor child are divorced and the custodial parent becomes incapacitated or passes on, the court will typically appoint the other parent as guardian, so long as it doesn’t go against the child’s best interest.