Naming a guardian for your minor children can feel overwhelming. Thinking about someone else raising your kids is hard, even unbearable. But it's essential. If you don't name a guardian, a judge will decide who raises your children. This person could be someone you dislike or even a complete stranger.

While no one can replace you as a parent, someone can step in to care for your child's needs. Naming a guardian ensures your child's welfare, education, and medical needs are met if the worst happens. Failing to do so could lead to intense consequences. As a Texas family estate planning attorney, we want you to control who raises and cares for your children if you can't.

Why Naming a Guardian Matters

If you don't name a guardian in your will, a judge—who doesn't know you, your child, or your family—will decide. Anyone can ask to be considered, and the judge will choose who they think is best.

This process can create family conflicts, especially when money is involved. Worse, no one may step forward to care for your child. If that happens, your child could enter foster care. By naming a guardian, you help the court support your wishes and protect your child.

How to Choose a Guardian

The guardian you name can be a family member or a friend. Here are key factors to consider when making this decision.

Relationship with Your Child

• How well does the potential guardian know and get along with your child?
• Does your child feel comfortable with them?

Parenting Style and Values

• Do they share your parenting style, values, and beliefs?
• Consider their moral values, education, health practices, and religious or spiritual views.

Location

• Where does the potential guardian live?
• Will your child need to move to a new school, neighborhood, or city?

Age and Health of the Guardian

• Are they physically able to care for your child's needs?
  • Older guardians may lack the energy for young children or teenagers.
  • Younger guardians might still be in school or early in their careers.
• What's their overall health and life expectancy?

Emotional Preparedness

• Are they ready to take on the responsibility of raising a child?
• Do they already have children, and how will your child fit into their family dynamic?
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Talk to Your Guardian Candidates

Raising a child is a big responsibility. Don't surprise someone by naming them as a guardian without discussing it first. Ask your top candidates if they're willing to take on the role. Always name at least one alternate guardian in case your first choice cannot serve.

Planning for Financial Support

Raising your child shouldn't be a financial burden for the guardian. Make sure you leave enough money through life insurance or other assets to cover your child's needs. You may also want to help with extra costs, like a bigger car or home upgrades.

Options for Handling the Money

• Separate Guardian of the Estate or Trustee: One person manages the money, while another raises the child. This can ensure funds are used wisely.
• Same Guardian for Both Roles: Simplifies the process, but there's a risk they may misuse the money.

Choose the option that best ensures your child's financial stability while meeting their needs.

Compromise Is Inevitable

No one will parent exactly like you. Choosing a guardian often means compromising. The person you select might not check every box, but they can still provide love and stability. Remember, it's unlikely that a guardian will need to step in, but naming one shows your responsibility and foresight as a parent.

Let's Discuss Your Plan

We understand this decision isn't easy. That's why we're here to help. Our experienced estate lawyers can guide you through this process and legally document your wishes. You can update your decision anytime, ensuring your plan always reflects your current circumstances.

While the chance of needing a guardian is small, your responsibility as a parent is to prepare for the unexpected. Let's work together to protect your children. Call our office today at 979-703-7014 to schedule an appointment.