In most cases, parents are considered to be the natural guardians of the person of their minor children, so no court procedure is required to appoint a guardian of the person.  Even though a parent may be the natural guardian of the person of their minor child, they are not natural guardian of the estate -- a court proceeding is always required to become guardian of the estate.  If the child has property or income, in some cases provisions of the Family Code may permit guardianship of the estate to be avoided.  For example, parents have certain rights to the income of their minor child, and a managing conservator has certain rights regarding the child's property.  In many cases, however, a guardian of the estate will be required if the minor has property.  You should consult a lawyer for an evaluation of your particular fact situation and advice which is appropriate for you.

Last updated on January 6, 2011 by Glenn Karisch