Estate planning
Texas Appointment of Guardian for Children
An Appointment of Guardian for Children lets Texas parents name who should care for their minor children and who should manage the children’s property if the parents die or become incapacitated.
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Key facts
- Guardian of the person
- Who the children live with and who makes day-to-day decisions.
- Guardian of the estate
- Who manages money and property left to the children. Can be the same person or someone else.
- Court still decides
- A written appointment is typically given substantial weight, but it is not a private contract that overrides every circumstance.
- Use with a will
- A will can also name a guardian. Matching names in both places makes your intent harder to miss.
How to prepare a Texas Appointment of Guardian for Children
- 1
List your children
The questionnaire collects the children this appointment covers.
- 2
Name person and estate guardians
Choose who raises the children and who manages property. Split the roles if one relative is a better caregiver and another is better with finances.
- 3
Generate the standalone Texas form
Download the Word document. Many parents also put the same names in their will so the preference appears in both places.
Person vs. estate
Guardian of the person is who the children live with and who makes day-to-day decisions. Guardian of the estate manages money and property left to the children. You can name the same person for both or split the roles if one relative is a better caregiver and another is better with finances.
A will can also name a guardian, and many parents put the same names in both places. This standalone declaration is still useful because it is easy to find and is written for the guardianship context.
The court still decides
Texas courts are not rubber stamps, especially if the other parent is alive and able to care for the child. A written appointment tells the court your preference and is typically given substantial weight, but it is not a private contract that overrides every circumstance.
If you have a blended family, a non-parent caregiver, or an out-of-state relative, get Texas legal advice before you rely on any form.
Frequently asked questions
- Does naming a guardian in a will replace this document?
- A will can name a guardian, and this declaration can too. Using both, with matching names, makes your intent harder to miss. This questionnaire produces the standalone Texas appointment form.
- Can I name different guardians for different children?
- Families sometimes do when children have different needs or different other parents. If that is your situation, an attorney should review the plan; a one-size form may not fit.
- What if the other parent is still living?
- A surviving parent who has rights will usually have priority. This document is most important when both parents are deceased or unable to serve, or when you need to document a preference for the court.
Related Texas documents
- Texas Last Will and Testament
Create a Texas Last Will and Testament online. Learn the 2-witness signing rules, self-proving affidavits, and what a will does — then generate an attorney-reviewed Word document.
- Texas Declaration of Guardian for an Adult
Tell a Texas court whom you prefer as guardian of your person or estate if a guardianship is ever needed. Prepare a Declaration of Guardian online.
- Texas Durable Power of Attorney
Create a Texas durable power of attorney online so someone you trust can manage property and finances if you cannot. Learn hot powers, then generate the form.
Ready to prepare this document?
Answer guided questions and generate a Word file from an attorney-reviewed Texas Will & Trust template. Review it before you sign.
Texas Will & Trust provides document preparation software and is not a law firm. Nothing on this page is legal advice. Texas execution requirements (witnesses, notarization, and recording) still apply after you generate a file.