Who can be named a Guardian?

If the court determines that a guardian is necessary, Texas law outlines a priority list for selecting the guardian.

For a minor ward, the following individuals have priority in this order:

1. Parents
2. The person designated by the last surviving parent of the ward in a properly executed designation of guardian
3. The nearest ascendant in the direct line (e.g., grandparents, great-grandparents)
4. Next of kin
5. A non-relative

For an adult ward, the priority list is as follows:

1. The person designated by the ward before their incapacity in a properly executed designation of guardian
2. In some cases, the person designated by the last surviving parent of the ward in a properly executed designation of guardian
3. The ward’s spouse
4. Next of kin
5. A non-relative

If multiple individuals within the same priority group wish to be the guardian, the court will choose the one who is best qualified to serve. Importantly, the court may bypass a person higher on the priority list if that person is deemed ineligible. A person may be disqualified from serving as a guardian if they are:

• A minor
• A person with notoriously bad conduct
• An incapacitated person
• Someone with conflicts of interest with the ward
• A person lacking the experience, education, or ability to manage the ward’s affairs
• A person deemed unsuitable by the court
• A person specifically disqualified by the ward prior to their incapacity in a properly executed designation of guardian
• A person who is not a Texas resident and has not designated an agent in Texas for service of process

Given these priorities and disqualifications, it is crucial for an adult who is concerned about future incapacity to consider designating their preferred guardian, as well as individuals they wish to exclude from serving, particularly if a non-relative is preferred. To learn more, we invite you to schedule a consultation with FOREVER LEGAL by visiting our consultation page. Our mission is to deliver personalized, sophisticated advocacy designed to address your unique needs. We encourage you to stay informed about our latest insights and updates by subscribing to our mailing list. Additionally, explore our Resource Center for comprehensive, downloadable Elite Guidebooks on business law, probate and estate planning, and guardianship law.

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