If the court decides that a guardian is needed, Texas law provides a priority list for choosing the guardian.  If the ward is a minor, the following persons have priority in the following order:  parents; the person designated by the last surviving parent of the ward in a properly executed designation of guardian (see the forms section for the statutory form to do this); the nearest ascendant in the direct line of the minor (ascendants are grandparents, great-grandparents, etc.); next of kin; and a non-relative.  If the ward is an adult, the following persons have priority in the following order:  the person designated by the ward prior to his or her incapacity in a properly executed designation of guardian (see the forms section for the statutory form to do this); in some cases, the person designated by the last surviving parent of the ward in a properly executed designation of guardian (see the forms section for the statutory form to do this); the ward's spouse; next of kin; and a non-relative.  If more than one person of the same priority wishes to be guardian, the court chooses the one who is best qualified to serve.  In considering priority, it is important to note that the court has the authority to skip over a person higher on the priority list if the court finds that person to be ineligible.  A person is disqualified and ineligible to be appointed guardian if he or she is a minor; a person whose conduct is notoriously bad; an incapacitated person; a person who has certain conflicts of interest with the ward; 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; a person found unsuitable by the court; a person specifically disqualified from serving as guardian by the ward prior to his or her incapacity in a properly executed designation of guardian (see the forms section for the statutory form to do this); and a person who is not a resident of Texas and who has not designated an agent in Texas for service of process.  Because of these priorities, it is important for an adult individual who is worried about his or her possible future incapacity to consider designating those persons he or she wishes to serve as guardian and those persons he or she wishes to disqualify from serving as guardian, especially if a non-relative is preferred (see the forms section for the statutory form to do this).

Last updated on January 6, 2011 by Glenn Karisch