Appointing Guardians in Your Will

  ,

For any parent, ensuring their children’s well-being and protection, especially in their absence, is paramount.

Appointing a legal guardian in your will can ensure that your children are cared for by someone you trust should you pass away before they turn 18. This article will guide you through the process of appointing a legal guardian for your children in the UK.

Understanding the Role of a Legal Guardian

A legal guardian is a person who takes over parental responsibilities for a child if both parents are unable to. This role includes decisions about a child’s education, medical care, living arrangements, and general well-being.

Choosing a Guardian

When you write a will, you can appoint guardians for any children under the age of 18. This is one of the most personal and important decisions you will make. Consider:

  • Compatibility with your child – The guardian should be someone your child knows and is comfortable with.
  • Similar values – It’s helpful if the guardian shares similar parenting philosophies, religious beliefs, and values.
  • Location – Consider where the guardian lives and if you are okay with your child relocating there.
  • Age and health – Ensure that the guardian is physically able to handle the demands of child-rearing.
  • Willingness – Before appointing, discuss the responsibilities with the potential guardian to ensure they are willing and able to take on the role.

Who Can Be a Legal Guardian?

A legal guardian can be anyone who doesn’t already have parental responsibility for your children, such as your parents, siblings or close friends.

You may also be able to name your partner as a guardian if they don’t already have parental responsibility. But if you were married when the child was born or your partner was named on the birth certificate, there’s no need to appoint them as a legal guardian.

It’s important to note that, if you were to die unexpectedly, the child’s surviving parent would take full responsibility for them. Your guardians would only ever be called upon if there are no surviving parents with parental responsibility.

Consider Financial Arrangements

When appointing a guardian, consider the financial implications:

  • Will Trust – If you leave assets to your child, you can create a will trust. This ensures that the assets are held on trust until the child reaches a certain age. You can appoint trustees – often the same as the guardians, but not always – to manage the trust.
  • Life Insurance – A life insurance policy can ensure that funds are available to care for your child.

Regularly Review the Decision

As time passes, circumstances change. The person you appointed as guardian ten years ago may no longer be the ideal choice now. Regularly review and update your will as necessary.

Informing Relevant Parties

After making your decision, inform the chosen guardian(s), alternate guardian(s), and other family members about your wishes. This can prevent surprises or disputes in the future.

Consider appointing an alternate guardian in case your first choice is unable or unwilling to act as guardian when the time comes.

Should I Appoint Guardians for My Step-children?

You can only appoint guardians for your step-children if you have parental responsibility for them. If you haven’t been granted parental responsibility, you shouldn’t include them in the guardians section of your will.

This also means that you won’t automatically take responsibility for your step-children if your partner dies unexpectedly. So if your partner wants you to continue bringing up their children, they should appoint you as a guardian in their own will.

Important: A guardian is only ever called upon if there are no surviving parents. So if you’re the child’s step-father and their birth father is still alive and continues to have legal parental responsibility, the child’s birth father would usually take full responsibility for them.

What Happens to a Child if Both Parents Die?

If both parents die BEFORE appointing a guardian, the courts will be left to approve who takes care of them. This will usually be a close relative, but it may not necessarily be the person you would choose.

If both parents die AFTER naming guardians in their will, the appointed guardians will be called upon. They would then take full responsibility for your children until they reach adulthood.

The appointment of a guardian is a significant and emotional decision. While it’s a choice everyone hopes never comes into play, it’s a responsible and vital step to ensure your child’s well-being in unforeseen circumstances.

By planning ahead and seeking appropriate advice, you can have peace of mind that your child’s future is safeguarded.

  More Guides & Info