How do I appoint a future guardian for my children?

In Texas, appointing a guardian for one's children is normally done in one of two ways:

1. in a person's Will
2. or in a separate Appointment of Guardian document.

While I typically include that information in a will, I prefer to also appoint guardians using a separate instrument. The reason that I prefer this approach is that a will does not become authoritative until the time of your death. On the other hand, the Appointment of Guardian is active upon death or incapacity/disability (if you are longer able to care for your child). Most people with minor children are more likely to become disabled or incapacitated than to die, so I think the second approach is the better one.

If you need a Texas Wills, Trust & Estate Planning lawyer, contact Peterson Law Group.