Jacksonville, TX asked in Estate Planning and Probate for Texas

Q: I live in Texas and I have an special needs adult child who lives with me and requires round the clock care.

When I die can I create a will appointing a close friend to be my daughter's guardian/caregiver when I'm gone? Will my daughter's father have any say so to whom is her caregiver? Thanks

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2 Lawyer Answers
Isaac Shutt
Isaac Shutt
Answered
  • Estate Planning Lawyer
  • Richardson, TX
  • Licensed in Texas

A: Yes, you can. You also should establish a trust in your will for your daughter. You need to do this so that your daughter doesn't lose her governmental benefits... We don't charge anything extra for adding this type of trust into our clients' wills.

Terry Lynn Garrett
Terry Lynn Garrett
PREMIUM
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: Her father is her natural guardian and will have priority.

Your Will can only suggest whom you would like to be the guardian if both you and her father are dead. The person can hire an Approved Guardianship Attorney and apply for a judge to appoint her.

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