Appointment of Guardian of Child in the Event of My Death

**deitybob** · 10-20-2009, 09:28 AM

My question involves guardianship in the State of: TX

In filling out a legal document titled "DECLARATION OF APPOINTMENT OF GUARDIAN FOR MY CHILDREN IN THE EVENT OF MY DEATH OR INCAPACITY" for the state of Texas.

1. I am married, do we need two signed forms, one for me, and one for my wife, with the same information?

2. On these forms, do I list my wife as the first guardian in the event of my death? OR do I only list guardians who are not my wife? If my wife survives me, and our child is still a minor, does she automatically have guardianship even if I don't list her as the first guardian on the declaration form?

3. I assume the two witnesses cannot be blood or family, but do they have to be someone I know? Can I just use other people at the location where I obtain Notary services?

4. Do I need to file the declaration with some authority or office in Texas, or just keep in with my important papers?

Thank you,
Michael

**Mr. Knowitall** · 10-22-2009, 10:08 AM

I could see executing separate forms if you're planning to divorce your spouse, or if you can't agree on who should serve as guardian; but assuming neither is the case, I don't see any need for multiple forms.

Assuming the other parent's parental rights are intact, they'll normally get custody even if the other parent executes a document saying "I prefer that a third party take our child(ren)." An exception might be upon court review and order, where a surviving parent has been absent from the children's lives for a prolonged period of time, or where there are serious concerns about the surviving parent's fitness or ability to parent.