Appointing a Legal Guardian

If you are a parent with children less than 18 years old, you likely already have a will or are considering creating one soon. One of the most essential reasons to create a will is to protect your children and their future wellbeing. When you have kids, an important question that frequently comes to mind is: Who will take care of my kids if something happens to me? Having a legal guardian is an essential part of protecting the future of your children in case you pass away or become unable to care for them.

Guardianship Details to Consider

If you are trying to decide who you should appoint as a legal guardian for your children, you may want to keep the following details in mind when making your choice:

• The relationship between your children and the guardian. If the prospective guardian already has an established relationship with your children, he or she may feel a greater moral obligation to properly care for your children than someone who has never met them.
• The person’s financial situation. Are they financially capable of taking care of one or more children?
• The person’s living situation. Consider whether he or she has a stable family life, a job, and a regular schedule. Does he or she live nearby or would your children be forced to move elsewhere? Does he or she have to move frequently for work reasons?
• The person’s educational background and beliefs. Would this person raise your children in a way that you approve of? Do they have the same views on parenting and how children should be educated?
• The person’s health. Does he or she have any health conditions that would prevent him or her from raising your children effectively? Do they have poor eating habits or other health-related habits that could negatively affect your kids’ upbringing?

If No Legal Guardian is Selected

If you pass away without leaving a will or choosing a legal guardian for your children, the choice will be left to the Texas courts. While a court will likely appoint a close family member, your children may end up in a living condition that you would not approve of. They may not get the proper care or upbringing that you wish for them. The only way to safeguard against this risk is to make this decision yourself and name a legal guardian.

Contact Us

For more information on legal guardianship and protecting your children with a will, please contact the experienced and compassionate Austin child custody lawyers of Slater, Kennon & Pugh Ltd.LLP today at 512-472-2431.