Title: Designation of a Guardian Under Texas Law
1Designation of a Guardian Under Texas Law
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2What Is the Designation of
a Guardian Under Texas Law?
- As recognized by Texas law, a designation of
guardianship is a legal document where you have
the ability to name the guardian of your minor
children in the event of your death or
disability. Upon your death or disability, the
court is more likely to name that person as the
rightful guardian of your child or children
based upon your choosing during your
lifetime.
3The guardian has powers and duties much like
those of a mother or father. The guardian may
make personal decisions for their ward relating
to living arrangements, legal agreements or
withholding of medical or other professional
health care. The guardian has a duty to always
make decisions that are in the best interests of
the ward.
4Who Does Texas Allow to be a Guardian? The state
of Texas often allows the person named in the
Designation to be appointed Guardian. There are,
however, certain instances where an individual
named by you may be disqualified per Texas Law.
Three of the most common reasons for
disqualification are
Notoriously Bad Conduct
Inexperience or Incapacity
Conflict of Interest
5Notoriously Bad Conduct
While the state assumes that the person named in
the document is fit to serve as guardian, there
are certain instances of bad conduct by the
designee that would disqualify them.
6Inexperience or Incapacity
A person who is a minor or otherwise does not
have the proper experience to care for others or
manage their estate may be disqualified.
Conflict of Interest
While there are many other things to consider
when utilizing a Designation of Guardian Texas
for yourself or your children, this article is
meant to summarize the most common questions
clients ask. Please contact our offices in the
Dallas, Texas, area to discuss whether a
Designation of Guardianship would be a beneficial
part of your estate plan.
7Contact Us
info_at_kamilahhendersonlaw.com www.kamilahhenderso
nlaw.com 2591 Dallas Pkwy Ste. 300, Frisco, TX
75034, United States