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Roberts & Roberts, LLP

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Declaration of Guardian

What is a Declaration of Guardian?

Texas estate planning law actually recognizes two kinds of Declarations of Guardian: a Declaration that you make on behalf of yourself, and a Declaration that you make on behalf of your minor child. Because Declarations on behalf of children are almost always made in a Will, rather than a separate instrument, we will not discuss them here.

A Declaration of Guardian allows you to choose the person would want to serve as your own guardian should the need ever arise. More importantly, the Declaration allows you to "disqualify" someone from serving as your guardian. This can be important in situations where a greedy family member could see guardianship as a means of obtaining access to your wealth. If you disqualify someone from serving as your guardian, the court must honor your wishes.

You may revoke or modify your Declaration at any time.

Concluding Remarks

By executing a Durable Power of Attorney you will probably avoid any need for a guardianship of your estate (i.e.--your financial affairs.) However, if you should ever find yourself in a condition where you are unable to physically care for yourself it may be necessary to appoint a guardian of the person to care for you. (In some ways, a guardian of the person is like the person who has primary custody of a child.) With a Declaration of Guardian, you can express your wishes as to who will be providing for your care. To discuss your needs with an estate planning attorney, please call us.

Roberts & Roberts, LLP