Things to Consider When Naming Guardians for Your Children
As a parent, you spend countless hours ensuring your children have everything they need—love, stability, and a bright future. But what happens to your children if something happens to you? Naming a guardian in your estate plan is essential to ensure your children are cared for if you’re not there.
One of the most difficult parts of estate planning often boils down to a simple question: Who do you want to name as the guardian for your minor children? This decision is deeply personal, can stir up feelings of fear, uncertainty, and worry—and may even cause you to pause your estate planning process altogether.
Choosing the right guardian requires more than just selecting a willing relative or close friend. With this in mind, let’s discuss the important factors to consider when choosing the right guardian for your minor children.
Understanding the Role of a Legal Guardian
A legal guardian is an individual (or married couple) appointed by the court to care for a minor child. In Texas, there are two types of guardianships: Guardian of the Person and Guardian of the Estate. A guardian of the person is responsible for the child's physical care and custody, while a guardian of the estate manages the child’s financial affairs. These roles can be held by the same individual, but they don’t have to be.
For parents with minor children, one of the key reasons to create a Will is to designate a guardian who will care for your children if you pass away before they turn 18. A guardian is the person appointed by the court to take custody of your children, making critical decisions about their living arrangements, education, and healthcare. If one parent passes away, a guardian typically isn’t needed as long as the surviving parent is fit to care for the children. However, if both parents are deceased, a guardian must be appointed.
Why You Need an Estate Plan with Guardianship in Texas
You have the option to designate a guardian for your minor children in a Will or other written document. Under Texas law, if you don’t name a guardian and something happens to both parents, the court will make this decision for you, and it could be someone you’d least prefer. This can lead to unwanted delays, confusion, and even disagreements among family members. With this in mind, it’s crucial to appoint a guardian to ensure your children are cared for according to your wishes if something happens to you.
Here are some important factors to consider when naming a guardian for your children in Texas:
1. Parenting Style
Your children are raised in a way that reflects your values, beliefs, and principles. When choosing a guardian, it’s vital to consider someone who aligns with your parenting style. You want to select someone who will raise your children in a way that shares similar values and feels familiar to them. Consider factors such as education, discipline, religion, and lifestyle.
How do they handle challenges? Parenting is no easy task, and your potential guardian should be someone who is not only capable but resilient.
2. Look to Family
Often, the most suitable person to act as your children’s guardian is someone from your immediate family. A sibling or parent who has a strong bond with your children and shares your core values might be the ideal choice for their care. Take a moment to reflect on the values most important to you, and think about who in your circle embodies those principles. People who share your values are often the best candidates to raise your children.
3. Financial Responsibility
Consider the financial acumen of the potential guardian. If you don’t have a revocable trust, the guardian may be responsible for managing your children’s inheritance. The chosen guardian should either have solid financial principles or be willing to work with a professional, such as a financial advisor. Also, consider how taking on your children will impact the guardian’s own financial situation.
4. Age and Health Status
Although your parents may feel like the obvious choice, it's crucial to take their age and physical health into account when selecting a guardian. As they grow older, they may face challenges in fulfilling the responsibilities of guardianship. It’s important to consider the possibility that their circumstances could change, making it difficult for them to provide the care your children will need in the future.
5. Time Commitment
Think about whether your chosen guardian has enough time to dedicate to raising your children. They’ll need to invest time in helping your children cope with your absence and adjust to their new surroundings. While a couple with dual careers may offer financial security, consider whether they will have the emotional availability to support your children.
6. Location Matters
Consider the implications of your children having to move far from their homes after your death. Moving across the country to live with a guardian can be traumatic, especially during a time of grief. If possible, choose a guardian who can keep your children in their familiar school, community, and city.
7. Short-Term vs. Long-Term Care
Another key consideration is distinguishing between short-term and long-term care needs. The person you choose to step in immediately in a crisis might not be the same person you envision raising your children for the rest of their lives.
Short-term care: This is someone who can quickly and easily step in during an emergency. For instance, a close family member or friend who lives nearby in Texas can take care of your children while the legalities of guardianship are being sorted out.
Long-term care: Long-term guardianship may require a deeper evaluation of a potential guardian's financial situation, emotional stability, and overall readiness to care for your children for an extended period.
8. Prohibited Guardians
It’s crucial to think about whether there are certain individuals you do not want serving as your children’s guardians. If you have concerns about someone, explicitly prohibit them in writing from serving as guardian.
Furthermore, listen to your children as they may have opinions about who they feel most comfortable with as a guardian. A teenage child may have a good sense of who would best care for them in your absence, or who they would prefer not to be their guardian.
9. Having a Backup Plan
Naming one guardian may seem like enough, but life is unpredictable. Your first choice for a guardian may not always be available or able to fulfill that role when the time comes. This is why having a backup guardian—or even a third option—is essential in any solid estate plan as it can ensure there is never a gap in care, and your children will always be in safe hands.
10. Review and Update
Your choice of guardian today may not be the right person in a few years. Review your guardianship decisions every one to two years, or as your children grow, to ensure the person you’ve chosen is still the best fit. Always have an open conversation with the designated guardian to confirm they are still willing and able to take on this role.
While it’s unlikely to find someone who exactly mirrors your style, finding a person whose values align closely with yours can provide comfort, knowing your children will be raised in a way that honors your wishes. Selecting a guardian for your minor children can feel overwhelming, but we hope these tips help you assess potential candidates (or those you'd prefer to exclude).
We Can Help!
At Reyna Law, we understand how personal and emotional this process can be. Whether you’re choosing guardians for the first time or revisiting your choices as circumstances change, we can help you create a personalized estate plan that reflects your wishes and protects your children in the process of selecting a guardian.
Ultimately, no matter how difficult the decision, keep in mind that naming a guardian yourself is far better than leaving it up to the court to decide. When you’re ready to name a guardian in your estate plan, Reyna Law is here to help. We’ll work with you to ensure every detail is covered, giving you peace of mind knowing that your children will be cared for by the people you trust most.
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Professional estate planning law firm serving Austin, Dripping Springs, and Central Texas
PHONE: 512.777.1486
EMAIL: josh@reynalaw.com
13341 W US Hwy 290, Bldg. 2
Austin, TX 78737
