How do I appoint a guardian for a minor in an estate plan?

If you are a parent in Texas and need to plan for the care of a minor, such as a child or grandchild, you may wish to appoint a guardian for the minor in your estate plan. A guardian is responsible for making legal and financial decisions on behalf of the minor. In Texas, guardians may be appointed in two ways—nominated in a will, or appointed by the court through an application and hearing process. If you decide to nominate a guardian in your will, you must name the chosen guardian in the will and state the reasons for the appointment. You should also provide the guardian with powers over the minor’s estate, such as the power to manage and invest the minor’s assets, or the power to consent to the minor’s marriage. You should also state the conditions for the guardianship, such as when and under what circumstances the guardianship ends. If you do not nominate a guardian in your will, the court may appoint someone to serve as guardian. To begin this process, an application must be made to the court. The court will then conduct a hearing to determine whether the proposed guardian is suitable. The court may also consider any relevant preferences of the minor when making its decision. Ultimately, appointing a guardian for a minor in an estate plan is an important step for ensuring that a minor is provided with proper care. If you need assistance in this process, it is recommended that you consult with an attorney that specializes in trusts and estates law.

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