The Woodlands, TX estates & probate attorney Robin L. Apostolakis discusses who decides who the guardian is. She explains that ultimately, a court determines what serves the best interests of a minor child in matters of guardianship. However, parents can take proactive steps to express their preferences, even in the event of their passing. She notes that while family members may have good intentions, they are not always the most suitable candidates for guardianship, particularly if they hold a position of priority. By creating a declaration of guardianship, a parent communicates their choice to the court. Provided that the nominated guardian aligns with the child’s best interests, the court will generally honor the parent’s wishes.