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Appointing guardianship of one's minor children

Preparing for one's own death or possible incapacitation can be a challenging thing. However, for parents in Texas who have minor children to consider, it is something that really should not be overlooked. After all, wouldn't one rather have a say about who will care for one's children in the event that he or she cannot? As part of the estate planning process, guardianship of one's minor children can be specified, ensuring that the kids are cared for by the person best suited for the task.

What is a guardian? Who can be a guardian and how does a guardianship end? These are all great questions that some might have that need to be answered before they can make such a significant decision.

If someone is named as a guardian, that individual will be responsible to make sure that the children under the guardian's care has all of their needs met. This person will typically also be put in charge of managing any money that is left to take care of the children. It is a significant role to play and not one that should be left to just anyone. Before appointing a guardian for one's children, one should really confirm that the person under consideration is of legal age, has the means to take on the role and has the interest in this responsibility.

There are many reasons as to why the guardianship of a minor child will eventually end. These include that a child reaches legal age, the child dies or the court determines that the guardianship is no longer needed. One reason that is not often discussed is the guardian wishing to relinquish his or her role. This does sometimes happen, and if it does the guardian will normally have to file a petition in court.

If a guardianship ever kicks in, the individual that one appoints will be given both physical and legal custody of one's child or children. Parents in Texas who have concerns about how it all works can turn to their legal counsel to get their questions answered. When ready, they can then -- with continued assistance -- make sure that the necessary legal documents are put together so that their children are fully protected should it ever be needed.

Source: FindLaw, "FAQ on Guardianship of Minor Children", Accessed on June 7, 2017

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