- Hits: 1462Real property, personal property, bank accounts, investment accounts, and retirement plans are the most common interests one aims to protect when constructing a will. Since a will is designed to protect interests after a death, one should consider all foreseeable and unforeseeable events that could adversely affect one’s interests. Unfortunately, guardianship for children is often overlooked as a protected interest. Proactive planning and proper foresight can remedy this misfortune.
Parents have the authority to appoint guardians over the care of their children prior to their death. This authority is properly exercised through a will or written declaration. Outside an appointment, the State of Texas mandates specific guardians to assume control over your child. This will occur regardless of relationship status with relatives. For example, assume one of the child’s grandparents survives both of the child’s parents. Let’s also assume the child’s grandparent is, for whatever reason, not an ideal choice to raise the child. Under Texas law, the child’s grandparent is entitled to guardianship. Furthermore, even if the court determines a relative unfit or ineligible to serve as a guardian, the court maintains ultimate authority to appoint the guardian of a child.
As you can see, unintended consequences arise from improper planning. However, these unintended consequences can easily be addressed through either a will or written declaration. At Green Law, we will clearly express your intent and desires for the care and guardianship of your child.
Call (806) 548-2953 now to find out the best plan for you and your family. With a little bit of preparation now, you can ensure that your children are left in the proper guardianship at your death. What preparations have taken to ensure that your children have best guardianship?