Wills and Trusts
Hope for the Best; Plan for the Worst: Declare Guardians
Every parent wants the best for their child. Ensuring their safety and well-being in unforeseen circumstances forms a crucial part of that responsibility. Signing a declaration of guardians for your minor children serves as an essential step in this process. This document acts not just as a formality but as a critical safeguard, ensuring someone you trust cares for your children if you become unable to do so.
Legal Framework and Importance
Texas law provides a clear pathway for parents to designate guardians for their minor children. According to the Texas Estates Code Section 1104.051, parents can legally appoint a guardian for their minor children through a written declaration. This legal instrument allows parents to state their preferences for who should take care of their children if they become incapacitated or pass away. Without this document, the court will decide on a guardian based on a predetermined hierarchy, which may not align with the parents’ wishes.
Avoiding Unintended Guardianship
Without a declaration of guardian, the court follows a statutory order to appoint a guardian. This order might not reflect the parents’ preferences or the children’s best interests. For instance, the court might choose a relative who, despite being legally next in line, might not share the parents’ values, parenting style, or philosophy. This situation can lead to conflicts within the family and unnecessary legal disputes.
Benefits of a Declaration of Guardian
- Peace of Mind: Legally designating a trusted person to care for your children provides immense peace of mind. It eliminates the uncertainty of who the court might appoint in your absence.
- Reduced Family Conflict: Clearly stating your guardian choice reduces the potential for family disputes. When the parents’ wishes are documented, relatives are less likely to contest the guardianship, saving time, money, and emotional stress.
- Legal Authority: A declaration of guardian is a legally binding document. It carries weight in court and ensures that your choice is given priority, provided it’s in the child’s best interests.
- Consistency in Care: This declaration ensures that your children will be cared for by someone who understands and respects your parenting style and values. It provides continuity and stability in your children’s lives during a challenging time.
How to Prepare a Declaration of Guardian
Creating a declaration of guardian involves a few straightforward steps:
- Choose the Right Guardian: Select someone who shares your values and parenting style and who is willing and able to take on this responsibility.
- Get your Declaration from Texan Wills and Trusts: Clearly state your choice of guardian in writing, following the guidelines set out in the Texas Estates Code.
- Sign and Notarize: To be legally binding, the declaration must be signed and notarized.
- Inform the Chosen Guardian: Make sure the person you designate is aware of your decision and is prepared to take on the role if necessary.
- Store Safely: Keep the document in a safe place and inform your executor or a trusted individual about its location.
When to Update the Declaration
Life circumstances change, and so should your declaration of guardian. Review and update the document periodically, especially after significant life events such as:
- Marriage or divorce
- Birth of additional children
- Changes in your relationship with the designated guardian
- Changes in the designated guardian’s circumstances
Conclusion
Signing a declaration of guardian is a proactive step that every parent of minor children should take. It aligns with Texas law and ensures that your children are cared for by someone you trust. By preparing this document, you protect your children’s future, reduce potential conflicts, and provide yourself with peace of mind knowing that your wishes will be respected. Don’t leave your children’s future to chance—declare their guardians today.
