Choosing a Guardian for Your Children: A Texas Parent’s Guide

Becoming a parent changes everything. As someone said, “a baby will make love stronger, days shorter, nights longer, bankroll smaller, home happier, the past forgotten, and the future worth living for.”

That future includes protecting your child’s wellbeing if something happens to you.

One of the most important — and often overlooked — aspects of estate planning for Texas parents is naming a guardian for your children. This decision determines who will care for, support, and make vital life decisions for your child if you’re no longer able to.

In Texas, parents have the right to name a preferred guardian in their will or another legal document. If both parents pass away or become unable to care for their children and no guardian is formally named, the courts will decide who assumes that responsibility, prioritizing the child’s best interests.

Here’s what every Texas parent should know about guardianship — and how to make the best possible choice for your child’s future.

What “Guardianship” Means in Texas

In Texas, guardianship is a legal arrangement in which a court appoints an adult (the guardian) to make decisions and care for a minor child when both parents are unable to do so due to death, incapacity, or other serious circumstances.

There are two main types of guardianship recognized under Texas law:

• Guardian of the Person: Responsible for the child’s daily care, including housing, education, medical decisions, and overall well-being.
• Guardian of the Estate: Manages any money, assets, or inheritance the child receives, ensuring these resources are used appropriately for the child’s benefit.

The same person can serve in both roles, but it is not required. Many parents opt to split these duties — for example, choosing a nurturing relative as guardian of the person and a financially experienced friend or professional as guardian of the estate.

Why Naming a Guardian Matters

If you do not name a guardian in advance, a Texas court will determine who will care for your child if both parents are unable or deceased. The court will consider petitions from relatives or other interested parties, gather information, and hold a hearing to decide who is best suited for the role based on the child’s best interests.

This process can result in:

• Family disputes or tension between relatives with conflicting preferences.
• Delays in appointing a guardian while the court evaluates options and gathers evidence.
• Additional stress and uncertainty for your children during an already difficult period.

By naming a guardian beforehand, you help prevent these challenges and provide clear guidance and peace of mind for your family and children.

How to Legally Name a Guardian in Texas

Texas law provides two primary ways for parents to formally designate a guardian for their minor children:

• Include the guardian in your will: The most common and comprehensive option is to specify your chosen guardian in your will. This ensures your wishes are clearly documented, legally recognized, and will be presented to the court if both parents are deceased or incapacitated.
• Create a Declaration of Guardian: Texas also allows parents to complete a separate “Declaration of Guardian for a Minor Child”—a written document, outside your will, which can stand alone or further reinforce your will’s instructions. This is useful if you have not completed your entire estate plan or if you want additional clarity for the court. Courts typically honor these declarations unless your selected person is disqualified, unwilling, or otherwise not in the child’s best interests.

In both methods, it is wise to name first and second alternates — backup guardians — in case your primary choice is unable or unwilling to serve due to health, relocation, or other circumstances.

How to Choose the Right Guardian

Selecting a guardian isn’t a one-time decision—it’s an act of deep trust that requires reflection and discussion. Here are key factors to consider:

Shared Values and Parenting Style

Choose someone whose beliefs and daily approach align with yours in key areas such as education, discipline, religion, and general lifestyle.

Emotional Connection

Ideally, your guardian should already have a meaningful relationship with your child. Familiarity can help a child adjust and feel secure after a loss or trauma.

Age and Health

While there’s no upper age limit, the person you select must have the health, stamina, and longevity to provide care until your child becomes an adult.

Location and Stability

The guardian’s location will influence where your child attends school, who their friends and mentors are, and their everyday environment. Texas law and courts often prefer choices that minimize disruption to the child’s life.

Financial Readiness

Guardians don’t need to personally fund your child’s expenses, but financial stability remains important. Many families use life insurance, trusts, or other tools to support the guardian’s responsibilities.

Willingness to Serve

Always discuss this significant role directly and honestly with your chosen guardian(s). Confirm that they understand the obligations and are genuinely willing to accept the responsibility.

Texas law also requires guardians to be at least 18 years old, of sound mind, and free of certain disqualifying factors— such as serious criminal convictions or conflicts of interest. Judges ultimately focus on the child's best interests, so all of the above criteria matter both legally and personally.

Coordinating Guardianship with the Rest of Your Estate Plan

Guardianship arrangements should always be part of a broader estate plan to ensure your child’s care and financial security. Once you have chosen a guardian:

• Update your will to include both primary and alternate guardian names. This is the official way to record your wishes under Texas law.
• Consider a revocable living trust to manage how and when your child receives any inheritance, helping avoid the delays of probate court and ensuring professional oversight of assets if needed.
• Review life insurance and retirement account beneficiaries. Avoid naming minor children directly; instead, name your trust as the beneficiary, so funds are managed responsibly until your child reaches adulthood.
• Prepare financial and medical powers of attorney for yourself. This lets someone you trust manage your finances and healthcare if you become incapacitated, reducing the likelihood of a costly or disruptive court guardianship process.

By coordinating these elements, you give your chosen guardian clear authority and resources to provide for your children’s wellbeing, while protecting your family from delays, disputes, and unnecessary court intervention.

When to Review or Change Your Guardian Designation

Review who you’ve named as guardian whenever there’s a significant life event, such as:

• The birth or adoption of another child.
• Marriage, divorce, or remarriage.
• A named guardian moving out of state.
• Changes in health, relationships, or financial status for you, your child, or your chosen guardian.

Updating your will or declaration of guardian in Texas is straightforward with the help of an estate planning attorney.

Remember, selecting a guardian is one of the most meaningful steps you can take as a parent and Sloan Docs makes it straightforward to create or update your will and Declaration of Guardian with templates specifically designed for Texas law.

Visit Sloan Docs today to get started— and give your family the protection and clarity they deserve.