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Appointment of Guardian in TexasAppointment of Guardian

Purpose

If you should ever be declared incompetent to manage your property or your own well-being, a court will have to decide who to appoint as your guardian. The court uses this document when making that decision.

Parties

You – In this document, you are expressing who should or should not serve as guardian of your estate or as guardian of your person in the event you become incompetent.

Nominations – These are the people you would prefer serve as guardian of your estate or your person. These people still have to be qualified and appointed by a court, so you don’t necessarily have the final say.

Disqualifications – These are the people you do not want to be guardian of your estate or your person. The court will not consider these people for guardianship.

Attributes

Complexity: 5/10 – The form of the document is simple, but guardianship law that establishes the duties of the guardian and procedures that the guardian must follow can get complicated.

Privacy: 4/10 – You can keep this document private until it may be needed in a proceeding brought to establish a guardian for you. At that point your assets may become public record, but your personal care will still be private.

Control: 5/10 – The most control this document gives you is to disqualify certain people from being your guardian. In the end, your guardian will still make decisions on your behalf, but you can narrow down the list of potential guardians.