If you die without a Will that appoints a guardian for your children, it will be left up to the Court .  The Court will consider what is in the child’s best interest.  It may not be who you would want appointed as your child’s guardian.

There are certain people who are ineligible to be appointed as guardian according to the Texas Probate Code.  These include:

  1.  A minor;
  2. People whose conduct is notoriously inappropriate;
  3. An incapacitated person;
  4.  A person who is a party or whose parent is a party to a lawsuit concerning or affecting the welfare of the proposed ward;
  5. A person indebted to the ward unless the person pays the debt before appointment;
  6.  A person asserting a claim adverse to the proposed ward or the proposed ward’s property, real or personal;
  7.  A person who because of inexperience, lack of education, or other good reason, is incapable of properly and prudently managing and controlling the ward or the ward’s estate;
  8.  A person, institution, or corporation found unsuitable by the court;
  9. A person disqualified in a declaration made by the ward prior to incapacity.