Testamentary Guardian
A testamentary guardian is an individual designated in a will to serve as a guardian for a minor child in the event that the child’s parents pass away or become incapacitated. This appointment takes effect only after the death of the parents, thus the term "testamentary," which refers to matters arising from a will.
In many jurisdictions, including Texas, parents can specify a testamentary guardian in their wills to ensure that their children are cared for by someone whom they trust and believe will act in the best interests of the child. The will must clearly state the person’s name and their relationship to the child, as well as any specific instructions or wishes the parents may have regarding the upbringing of the child.
For instance, if a couple residing in Houston includes a clause in their will naming their sister as the testamentary guardian, that sister would have the legal authority to care for their children should both parents pass away. It’s important for parents to discuss this role with the intended guardian beforehand to ensure their willingness and preparedness for the responsibilities that come with the role.
In Texas, the court typically honors the designation of a testamentary guardian unless it determines that doing so would not be in the best interests of the child. This designation can help provide peace of mind to parents, knowing they have a plan in place for their children’s future.
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