One of the most difficult decisions to make as a parent is who will care for your minor children should you be unable to do so. This decision should be expressed through either a Will or a Declaration of Guardian. A Declaration of Guardian is a legal document which lists individuals who you want to serve as Guardian. The Guardian will make decisions on behalf of your children, such as where they live, what schools they attend, which doctors they visit, and to what church they belong. In other words, they make the same kinds of decisions that you make today.
Executing a Declaration of Guardian will tell the court who you want to care for your children. However, the court always has final say. This means that a court is permitted to deviate from your chosen list of guardians if so doing would be in your child’s best interest. A Declaration of Guardian may also expressly disqualify anyone who you do not want to act as guardian of your child.
Failure to execute a legally valid Declaration of Guardian or Will may result in the court choosing a guardian without your input! And worse, there could be a greater chance of costly litigation between members of your own family in attempts to be your child’s guardian (i.e. Grandparents vs. Grandparents).
Both a Will and a Declaration of Guardian are legal documents that must meet specific legal requirements to be honored in court. Please attend a FREE workshop to learn more about how you can protect your children.
For more information about Declaration of Guardian for Minor Children, please click here to select a seminar to attend and register today!
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Vacek & Thain, PLLC serves Texas families with their estate planning, estate tax planning, charitable planning, revocable living trusts, irrevocable trusts, Heritage trusts, wills, power of attorney, family limited partnerships, advanced asset protection planning, declaration of guardian for minor children, healthcare documents, will based estate planning and the hazards of will planning, special needs estate planning, estate administration and trust administration. Contact Vacek & Thain, PLLC if you or your loved ones reside in the Houston, Texas area, including: Katy, Cinco Ranch, Mission Bend, Pecan Grove, Richmond, Rosenberg, Greatwood, Sugar Land, Meadows Place, Bellaire, Fresno, Pearland, South Houston, Spring Valley Village, Pasadena, Clear Lake, Friendswood, and more!
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