Most children never need a court-appointed guardian. Their parents make decisions for them, and that's enough. But when parents die or can't care for a child, or when a child receives money in their own name, a guardianship of a minor may be necessary. Here's how it works in Texas and when other options may be simpler.
Parents are natural guardians, but not of the money
Under Texas law, parents are the natural guardians of their minor children's person. That means a parent can generally make decisions about the child's care without a court order. But being a parent doesn't automatically give you legal authority over property that belongs to your child. If your child inherits money, receives life insurance proceeds or gets a personal injury settlement, a bank or insurance company may refuse to pay it to you without a court order.
Guardian of the person vs. guardian of the estate
- Guardian of the person: makes decisions about the child's care, residence, education and medical treatment. This is usually needed only when no parent is available, such as when both parents have died.
- Guardian of the estate: manages money and property that belongs to the child, under court supervision, until the child turns 18.
A child can have one person in both roles, or different people. For example, a grandparent might be guardian of the person while a trusted relative with financial experience is guardian of the estate.
When both parents have died
If both parents have died, someone needs legal authority to care for the child. Texas law gives priority to:
- A guardian the last surviving parent named in a will or a written declaration, unless that person is disqualified or it's not in the child's best interest
- The child's nearest ascendant, often a grandparent; if several are equally related, the court chooses based on the child's best interest
- Another qualified person the court finds suitable
A child 14 or older may be able to choose their own guardian, subject to the court's approval. This is why parents should name a guardian in advance. See designating a guardian in advance.
Guardianship or custody suit? A relative caring for a child can sometimes seek conservatorship through a Family Code suit instead of a guardianship of the person. The right choice depends on the facts, including whether a parent is still living. Our child custody page explains conservatorship.
When a child receives money
A guardian of the estate is often needed when a minor receives:
- An inheritance from a grandparent or other relative
- Life insurance or retirement account proceeds naming the child as beneficiary
- A personal injury or wrongful death settlement
The guardian of the estate must file an inventory, post a bond, keep the child's money separate, invest it carefully and file annual accounts. Spending the child's money usually requires court approval, and parents are generally expected to support their children from their own resources first.
The court registry option: up to $100,000
When a minor without a guardian of the estate is owed money, Texas law allows up to $100,000 to be paid into the registry of the court instead of opening a guardianship. The county clerk holds the money, typically in an interest-bearing account, until the child turns 18 or the court orders otherwise. This avoids the ongoing reporting and costs of a guardianship of the estate. When the child reaches adulthood, they can apply to withdraw the funds.
For larger amounts, or when money is needed for the child's care before 18, a guardianship of the estate or a court-created trust may be a better fit. In personal injury settlements, a court may also approve a structured settlement or a trust for the child.
The court process
A guardianship of a minor follows the general Texas guardianship process, with some differences:
- The application is filed in the county where the child lives. For children in Seguin and the rest of Guadalupe County, that's with the Guadalupe County Clerk.
- No physician's certificate of incapacity is needed, because the child is a minor.
- The court may appoint an attorney ad litem or guardian ad litem for the child.
- A child 12 or older is personally served, and parents (if living) and certain relatives receive notice.
- At the hearing, the court decides who should serve and what is in the child's best interest.
- The guardian qualifies by taking an oath and posting bond, if required.
Read more about each step in how guardianship works in Texas.
When the child turns 18
A guardianship of a minor ends when the child turns 18 (or if their disabilities of minority are removed). The guardian of the estate files a final account and turns the property over to the young adult. If the child has a disability and will still need help as an adult, a new adult guardianship or an alternative must be put in place. The application can be filed after the child turns 17. See guardianship for an adult child with disabilities.
Attorney Jesus R. Lopez helps families in Seguin and Guadalupe County with guardianships of minors. Visit our guardianship lawyer page.
Frequently asked questions
Do I need a guardianship to make decisions for my own child?
Generally no. Parents are the natural guardians of their children's person. A guardianship is usually needed only for the child's property or when no parent is available.
Can a grandparent become guardian if the parents died?
Yes. If the parents didn't name someone else, the nearest ascendant, often a grandparent, has priority, subject to the court finding it's in the child's best interest.
What happens to money in the court registry when the child turns 18?
The young adult can apply to the court to withdraw the funds, including interest earned, once they reach 18.
Can a parent be guardian of the estate for their own child?
Yes. A parent is often appointed guardian of the estate for their child's inheritance or settlement, but must follow the same court rules as any guardian.
Have questions about your situation? Talk with a Seguin guardianship lawyer. Consultations are free, by phone or in person, in English or Spanish.
Related guides
This article is general information about Texas law, not legal advice for your situation. Laws change, and every case is different.