How Do I Name a Guardian for My Minor Children in Texas?

See how a parent names a guardian for their minor children in Texas, what weight the court gives your choice, and your options for temporary care.

Frequently Asked Questions

In Texas, a parent names a guardian for a minor child in a will or a separate signed writing (Tex. Est. Code §§ 1104.053, 1104.151–1104.160). It needs your signature and 2 witnesses (14+). You can record it alongside the rest of your estate plan when you create a revocable living trust.

When a parent has named a guardian, the court appoints the guardian the parent named unless someone shows a statutory ground to disqualify them (Tex. Est. Code §§ 1104.053, 1104.151–1104.160).

Yes. Texas recognizes a separate signed declaration naming a guardian, so you do not need a full will. A will remains the standard place to do it.

Yes. Texas allows a Authorization Agreement for Nonparent Adult Caregiver (Tex. Fam. Code ch. 34 (§§ 34.0015, 34.002–34.0075)): any adult can be authorized for a limited time (up to 6 months) without transferring custody.

In Texas, a child 12 or older may choose their guardian, subject to the court's approval (Tex. Est. Code § 1104.054).

Texas sets out specific statutory bars to serving as a minor's guardian, and the court can also decline anyone it finds unsuitable. (Tex. Est. Code §§ 1104.351–1104.358)

Texas Estate Planning Resources

In-depth guides covering Texas probate laws, trust requirements, and estate planning strategies.