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Courts usually assign a family member or a relative to be the guardian of an individual person or estate due to familial relationships. Nonetheless, there is nothing in the law that prohibits courts from naming someone who is not related to a person by blood.

Courts follow an order of priority

In Texas, while it is possible for a nonrelated person to be appointed as guardian of a person or estate, the courts give priority to family members and the incapacitated individual’s preferences if there are two or more eligible candidates. This priority applies even if the ward has previously designated a guardian under a written declaration.

Rules for minors

Generally, the courts select parents as guardians for their child’s person and estate. If the parents no longer live together, the courts will consider the child’s best interests to determine who gets guardianship.

However, if a parent dies, resigns or is removed as guardian, the court can appoint a suitable and competent person, who can be nonfamily or nonrelative to the child, if it deems that it is the best choice to uphold the minor’s best interests. A minor at least 12 years old can select a guardian and file it with the court for review.

What if the ward does not have a family?

Suppose the ward has no available family, relatives or friends the courts can choose from. What will happen? In situations like this, the court will have to appoint a private professional guardian to take on the duty.

Each guardianship case is unique. The court will review relevant facts and circumstances to determine a person or an estate’s guardian. If their determination shows that the best choice for the guardian is a nonrelated individual, then courts will proceed with that option.