Two of the most important decisions in any El Paso family's plan have nothing to do with money: who raises your children if both parents die, and who takes care of you if illness or an accident leaves you unable to manage your own affairs. Texas lets you answer both questions in advance with a declaration of guardian. Parents sign a declaration of guardian for minor children; adults sign a declaration of guardian before need for themselves, which also lets you disqualify a specific relative. We pair these with a beneficiary review, because a life insurance policy or 401(k) still naming an ex-spouse will override even a perfect will.
Texas Estates Code Chapter 1104 governs both documents. Sections 1104.151 through 1104.160 allow a parent to designate, in a written declaration signed with two witnesses and a self-proving affidavit, the person to serve as guardian of their minor children after the parent's death or incapacity, and the court must appoint that person unless disqualified. Sections 1104.201 through 1104.212 allow any competent adult to designate a guardian of their own person and estate before the need arises and to expressly disqualify others. Both declarations can also be included inside a will. For beneficiary designations, Texas Family Code Section 9.301 automatically revokes a former spouse as beneficiary of life insurance after divorce, but federal ERISA plans do not follow that rule, which is why manual review matters.
Robert Navar prepares both declarations with primary and alternate guardians, explains the difference between guardian of the person and guardian of the estate, and supervises the signing with witnesses and a notary at our El Paso office. Nothing is filed with any court now; the declaration is simply presented to the El Paso County probate court if a guardianship is ever needed, and it controls who the judge appoints. In the same appointment we go through your life insurance, retirement accounts, bank pay-on-death forms and vehicle title to make sure every beneficiary matches your will. Skipping this step is the most common reason a carefully written El Paso estate plan fails.
Choosing a guardian for your children in Texas
Think about who shares your values, who your children already know and trust, and who is realistically able to take on the job. Guardian of the person handles daily care and schooling; guardian of the estate manages any money the child inherits, and these can be different people. Many El Paso parents name a sibling in town as guardian of the person and a more financially experienced relative as guardian of the estate. If a chosen guardian lives in Juárez or another country, we discuss the practical issues so the court is not left guessing. Always name at least one alternate.
The beneficiary review: what we check and why
Life insurance, IRAs, 401(k)s, annuities, pay-on-death bank accounts, transfer-on-death brokerage accounts and even Texas vehicle titles pass by beneficiary designation, outside your will. We check each one for a named ex-spouse, a deceased beneficiary with no alternate, a minor child named directly (which forces a court-supervised guardianship of the estate until age 18), and a missing contingent beneficiary. We then give you a written summary and the change forms to fix each problem. This review also ensures your durable power of attorney agent will have what they need if you become incapacitated.
What's included
- Consultation in English or Spanish about guardians for your children and for yourself
- Declaration of appointment of guardian for minor children under Estates Code Chapter 1104, with alternates
- Declaration of guardian before need for yourself, including any disqualifications
- Self-proving affidavits and supervised signing with witnesses and notary at our El Paso office
- Line-by-line beneficiary review of insurance, retirement, bank and vehicle designations
- Written summary of problems found and completed change-of-beneficiary forms for you to submit
How it works
Consultation
We discuss who should care for your children and for you, who should be excluded, and gather your current insurance, retirement and account statements. You receive a flat-fee quote at this meeting.
Drafting and review
Robert Navar drafts both declarations and reviews every beneficiary form against your will. We prepare a written summary of anything that needs to change and the forms to change it.
Signing
You sign the declarations with two witnesses and a notary at our El Paso office. We hand you originals, copies for the named guardians, and the beneficiary change forms ready to send.