Guardians
Who are Guardians and what do they do?
Choosing someone to be responsible for your children if you were to die whilst they are under the age of 18 is an essential part of your will. It allows you to name someone you trust to care for your children.
Dying without naming a Guardian
If you don’t legally assign a guardian for your children, the courts will decide who takes care of them. This process can be time-consuming, and while it’s underway, your children might be placed in the care of social services. A verbal agreement with family or friends isn’t legally binding.
Choosing the Right Guardian
A legal guardian must be over 18 and mentally capable. In addition to their age, consider these factors:
- Shared values: Does the person have similar moral, religious, and lifestyle beliefs to yours?
- Location: Will your child have to move away from their school, community, or friends? If the guardian lives abroad, you’ll need to think about visa requirements for either the guardian or the child.
- Practical arrangements: Discuss the role in detail with your potential guardians to ensure they’re willing and able to take on this responsibility.
Important Considerations
- Best interests of your children: The guardian should be someone who can offer a stable, loving environment and already has a close bond with your children.
- Discuss the role: Always talk to your chosen guardian before making it official in your will. Ensure they fully understand the responsibilities and are prepared for the commitment.
- Age and health: While grandparents are often considered, be sure to evaluate their physical ability to care for your children throughout their upbringing.
- Financial situation: Consider the financial capacity of your chosen guardian. You may want to set up financial provisions, like an insurance policy or trust, to support your children’s needs.
- Reserve guardians: It’s crucial to name a backup guardian in case the primary choice is unable to fulfill the role when the time comes.
- Separated parents: Both parents should agree on the same guardians in their wills to avoid conflicts. However, if a surviving parent with parental responsibility is still alive, they will automatically take custody, regardless of the guardianship listed in your will.
Please click below for a downloadable factsheet on Guardians.