What Is a Guardian Declaration?

A "Guardian" is the person who is charged with caring for minor children. (Guardians can also act on behalf of an adult incapacitated child.) In Texas, children are treated as minors until they reach the age of 18. Guardians may be named in the Will or in a separate instrument titled "Declaration of Guardian for Minor Children." A guardian may be named for the "person" of the minor, for the "estate" of the minor, or both. A guardian of the person is responsible for making parental decisions regarding the minor's upbringing, education and welfare. A guardian of the minor's estate is charged with managing funds and other assets that belong to the minor (but not for funds and other assets that are placed into trust for the minor, which are managed by the trustee of the trust, and not for funds and other assets held in a Uniform Transfers to Minors Act account, which are managed by the custodian). The same person may be named to serve as both guardian of the minor's person and guardian of the minor's estate. This person may, but need not be, the same person who serves as the trustee of any trust created for the minor's benefit and/or as the custodian of the minor's UTMA account. Co-Guardians of a minor's person may be named, but only if they are married to each other.