The Woodlands, TX estates & probate attorney Robin L. Apostolakis discusses who decides who the guardian is. In the end, a court holds the authority to determine the most suitable guardian for a minor child, based on their best interests. Nevertheless, parents have the ability to convey their preferences, even in the event of their passing. Many families can relate to having a well-intentioned family member who may not be the optimal choice for guardianship, particularly if they hold a prominent position in the child’s life. When a declaration of guardianship is in place, it serves as a clear indication of the parent’s desires. As long as the nominated guardian aligns with the child’s best interests, the court will typically honor these expressed wishes.