Have you appointed guardians for your children?
Your children are your most precious consideration, but who would you want to look after them should the worst happen?
Whilst most of us ensure children are provided for financially in our Wills – we may not consider how they will be looked after in the event of both parents’ death. Appointing guardians is an essential part of providing for your minor children. Without nominated guardians the Family Court will appoint a legal guardian for your children which will typically be a close relative but perhaps not the person you would have chosen.
Many people informally nominate god-parents for the role, but unless they are specifically named in a legal document such as a Will, that nomination has no legal standing.
Legal guardians gain Parental Responsibility (PR) for your children if you and anyone else who has legal Parental Responsibility both die before the children turn 18.The guardian/s adopt PR until adulthood, providing a safe place for them to live, and ensuring their needs are met.
Who can be a guardian?
Anyone who doesn’t currently have parental responsibility for your child but that person must be named in a Will. Informal appointment is not sufficient.
If you are unmarried to the child’s other parent, they may not have PR and you may wish to appoint them as guardian.
If you die having named a guardian but the other parent is still alive and has PR, that parent will automatically have responsibility regardless of living arrangements or if there is a step-parent.
Guardians will only ever be sought for children if there is no surviving adult with Parental Responsibility.
You can choose one or more people as a guardian. You may wish to choose separate guardians for each of your children, especially if the considerations for each child are different.
Considerations
There are some simple things to consider which can help with your decision:
- Do your guardians hold similar religious beliefs and values?
- Would your guardians be able to ensure your children can continue doing their hobbies and activities?
- Would your children have to move school?
- Do your guardians have their own children?
- Are your chosen guardians comfortable with the nomination?
It is a simple process to name a guardian in your Will, but like all Will-related clauses and amendments, it must be done correctly in order to be valid upon your death.
At Wellers Reece-Jones we prepare low cost Starting Out Wills for younger couples to help ensure the welfare of their children. Please get in touch with Annelise Tyler on 01732 457575 or email annelise.tyler@wellerslawgroup.com.
