Per Texas Probate Code Section 684(a), the court may appoint a guardian for an incapacitated person if it has clear and convincing proof that the person is incapacitated, that it is in the best interests of the proposed ward to have a guardian appointed, and that the rights or property of the proposed ward will be protected by the appointment. The guardianship may be of the person, the estate, or both.

The appointment of a guardian of an incapacitated person includes a minor. A minor is defined as a person under eighteen years of age who has never been married or has not had disabilities of minority removed for general purposes.

 It should be noted that no appointment is necessary for a parent to act as guardian of the person. Both parents are natural guardians of the person of the minor, and either is entitled to be appointed guardian of the estate. If both parents are dead, the order of preference for the guardian of both the person and estate of an orphan is as follows:

  • The person named in the will or written designation of the last surviving parent;
  • The nearest ascendant in the direct line of the minor;
  • The nearest of kin; or
  • A qualified person.


Marold Law Firm, PLLC regularly advises our clients on the intricacies of guardianships of minors. Give us a call today to discuss guardianship of a minor.

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Guardianship of Minors


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