How To Legally Appoint A Guardian For Your Children
If you are considering making a Will and you have a child or children under the age of 18, you will be asked to appoint a guardian when preparing a Will.
This is a big decision to think about as you need to choose someone you trust to look after your children after you have passed away.
In this article we will look at the role of guardians and how you can legally appoint someone in your Will.
If you ever have any questions about estate planning or planning for your future, make sure you contact our Wills, Trusts and Probate Services team.
What is the Role of a Guardian?
A guardian will have legal responsibility for looking after your children and, therefore, will gain the same parental responsibility as you as the parent.
The decisions the guardian will make for your children include decisions regarding their health, where and with whom they will live, and their education.
How Many Guardians Should You Choose?
You can appoint just one guardian; however, it is recommended to appoint two in case anything happens to your original guardian before you pass away. You can appoint separate guardians for each child if you would like to.
Who to Appoint as a Guardian?
This is perhaps the biggest question to ask yourself: who should I legally appoint as guardians to my children?
It is worth noting that only individuals can be appointed as a guardian.
Your parents can be an option; however, you may think this not to be appropriate due to their age as there is a high possibility that they will pass away before you.
You could choose your siblings or your close friends.
There are a few things you can consider when choosing who to appoint as guardian for your children:-
- Do your children have a close relationship with the proposed guardian?
- Does the proposed guardian have children of their own? If yes, would they be happy to add more children to their lifestyle? If not, would they be happy changing their everyday life to include looking after children?
- Does the proposed guardian have similar morals and style of living as you?
- Does the proposed guardian have adequate finances to assist in raising your children?
Can the Other Parent Become a Guardian?
If one parent passes away and the other parent has parental responsibility, that parent will take over responsibility for any children and a guardian would not be needed.
So, it wouldn’t be necessary to appoint the other parent as guardian in your Will.
What Will Happen If I Do Not Appoint A Guardian?
The Court will decide who will look after your children after you have passed away.
As the Court will be deciding, it is not guaranteed the Court will choose the person who you would have chosen yourself.
What Will the Court Consider if There is a Dispute Over the Guardianship?
Under the circumstances of a dispute arising following the appointment of a guardian, the Court will consider factors including:-
- The stability of the environment provided by the guardian.
- Your children’s preferences.
- The ability of the proposed guardian to provide proper care to your children.
- The relationship between the proposed guardian and your family.
- Any other relevant information regarding the character of the proposed guardian.
If you are considering making a Will and you have a child or children under the age of 18, please do consider appointing a guardian and speak to one of our Team today.
You can contact us by calling our Worthing office on 01903 229999 or our Chichester office on 01243 256370.
Alternatively, email info@bennett-griffin.co.uk and a member of our team will get back to you shortly.