Most children never need a guardian, because their parents already have the legal right to care for them. But some New Braunfels and Comal County families face a situation where a court has to step in: a child whose parents have died, a teenager who inherits a house, or a young child who receives an injury settlement. A guardianship attorney can help you determine whether your situation calls for a guardianship under the Estates Code, a custody case under the Family Code, or a simpler tool such as a deposit into the court registry.
Parents Are a Child’s Natural Guardians
Under Texas law, parents are the natural guardians of their minor child’s person. That means a parent does not need a court order to enroll a child in school, consent to medical care, or decide where the child lives. A guardianship of the person for a minor generally comes into play only when parents cannot fill that role, most often because both parents have died or are incapacitated.
Money is different. A parent does not automatically have legal authority to manage property that belongs to the child in the child’s own name. When a child receives significant money or property, a court can require a guardianship of the estate, or allow the funds to be handled in another court-approved way.
Guardianship of the Person vs. a Custody Case
Families are often surprised to learn that guardianship is not always the right tool for raising someone else’s child. Here is a rough guide:
| Situation | Usual route |
|---|---|
| Both parents have died | Guardianship of the person (Estates Code) |
| Parents are living but cannot or will not care for the child | Conservatorship case (Family Code) |
| A relative is raising a child informally and needs authority for school or doctors | Often a conservatorship case or an authorization agreement |
| A child has money or property in their own name | Guardianship of the estate or another court-approved arrangement |
When a parent is alive, Texas generally favors a suit affecting the parent-child relationship, where the court decides conservatorship. For more on that process, see our pages on conservatorship and grandparents’ rights. These cases have their own standards, including a strong presumption in favor of parents.
When a Child Inherits Money or Property
This is the most common reason we see minor guardianships in New Braunfels. Examples include:
- a grandparent leaves a share of a Canyon Lake property to a grandchild,
- a parent dies and names the child as beneficiary of a life insurance policy or retirement account,
- a child receives a personal-injury settlement after a car accident,
- a child is a beneficiary of a wrongful-death recovery.
Banks, insurers and title companies usually will not hand money or deeds to a minor, and they often will not release funds to a parent without a court order. The options generally include:
Guardianship of the estate
A court appoints a guardian, often a parent, to manage the child’s property under court supervision. The guardian posts a bond, files an inventory, keeps the money in a separate account, and files annual accounts until the child turns 18. Spending the child’s money usually requires court approval. Learn more on our guardian of the estate page.
Payment into the court registry
For certain smaller amounts, Texas law allows money owed to a minor to be paid into the registry of the court instead of opening a full guardianship. The funds are held for the child and can be withdrawn with court approval, with the balance generally available to the child at adulthood. The thresholds and procedures are set by statute and local practice, so we confirm the current rules before recommending this route.
Management trust
A court can create a management trust for a minor’s property, often with a bank or trust company as trustee. This can be more flexible than a guardianship of the estate and can work well for larger sums or settlements. The trust’s terms set when and how money can be used.
Planning ahead to avoid it
Parents can avoid a future guardianship of the estate by naming a trust, rather than a child, as beneficiary of life insurance and retirement accounts, or by using a properly drafted will with a testamentary trust. If your family is planning ahead, that is worth a conversation with your estate planning attorney.
Naming a Guardian for Your Child in Advance
Texas lets parents choose who would care for their children if they could not. You can name a guardian in your will or in a written designation of guardian under the Estates Code (§ 1104.202 and following covers designations made before need arises). You can also name people you do not want to serve. The court gives your written choice strong weight, though it still makes the final decision based on the child’s best interest.
For Comal County families with young children, this is one of the most practical steps you can take. It is especially important for single parents, blended families, and military families connected to Joint Base San Antonio, where deployments can leave a child’s care uncertain.
How the Court Process Works for a Minor
A minor’s guardianship follows many of the same steps as an adult case, with a few differences:
- Filing. The application is generally filed in the county where the child lives. In Comal County, guardianship matters run through the county court system rather than the district courts.
- No incapacity hearing in the adult sense. Minors are legally incapacitated because of age, so the court does not need a medical certificate to show incapacity.
- Notice. Living parents and certain relatives must receive notice. A child 12 or older may have a say in who is appointed, and the court can consider the child’s preference.
- Attorney ad litem. The court may appoint an attorney ad litem or guardian ad litem to protect the child’s interests.
- Hearing and qualification. The judge decides whether to appoint a guardian and who should serve. The guardian then takes an oath and posts a bond before letters of guardianship are issued.
For an overview of each stage, see our guardianship process page.
What to Expect as the Guardian of a Child’s Money
If you are a parent or relative appointed as guardian of a child’s estate, expect court oversight until the child turns 18. In practice:
- open a separate guardianship account, never mixing the child’s money with your own,
- file an inventory soon after you qualify, listing everything the child owns,
- ask the court before spending the child’s funds, even on things that seem obviously helpful,
- keep receipts and bank statements for the annual account,
- remember that a parent’s duty to support a child generally comes from the parent’s own resources, not the child’s estate.
Our page on guardian duties and reports covers the reporting cycle in more detail.
When a Minor With a Disability Is Approaching 18
A guardianship of a minor ends when the child turns 18. If your child has a disability that will continue into adulthood, you may need a separate adult guardianship or an alternative in place by the 18th birthday. Texas allows that application to be filed during the 180 days before the child turns 18. Read more on our turning 18 page.
Talk With a New Braunfels Guardianship Attorney
If a child in your family has inherited money, received a settlement, or lost a parent, we can help you choose the right path for New Braunfels and Comal County courts. New Braunfels Family Law offers a free consultation by phone, video or in person, and se habla español. Call (830) 302-4071 to talk it through.
Frequently Asked Questions
Do parents need a guardianship for their own child?
Usually not for day-to-day care. Parents are the natural guardians of their child’s person. A guardianship of the estate can be required, though, when a child receives significant money or property in their own name, such as an inheritance or a settlement.
Can a grandparent get guardianship of a grandchild in Texas?
It depends on the parents. If both parents have died, a guardianship of the person may fit. If a parent is living, the grandparent usually needs a Family Code case for conservatorship instead, which comes with its own requirements.
What happens to life insurance proceeds left to a child?
Insurance companies generally will not pay large sums directly to a minor. Depending on the amount, the money may go through a guardianship of the estate, be deposited into the court registry, or be placed in a court-created management trust. A trust set up in the parent’s estate plan can avoid this.
Can parents name a guardian for their child in advance?
Yes. A parent can name a guardian in a will or in a written designation of guardian. The court gives that choice significant weight if both parents later die or become incapacitated, although it still applies the child’s best interest.
When does a minor's guardianship end?
A guardianship of a minor generally ends when the child turns 18, marries, or has the disabilities of minority removed, or if the child dies. Any money held for the child must then be accounted for and delivered according to the court’s orders.
Last reviewed November 13, 2026. General information only, not legal advice.