Appointing a Guardian
The role of a Guardian is a very important one if you have children under 18.
Should you pass away without making a Will, or if you have not appointed Guardians in your existing Will, your children could be placed into Local Authority care until the Court of Protection appoints official Guardians to look after them. This is likely to take at least six months and would obviously result in additional distress for your children and other members of your family. You should also be aware that your children are very unlikely to be cared for by a member of your family, or friends while the Court of Protection decides on who will care for them permanently. Please remember that the role of the Guardian is a very responsible one and should not be entered into lightly. There will be financial, social and emotional implications, and taking on such a vast role should involve a very detailed discussion between you and your chosen Guardian.
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The Guardians duties
The duties of a Guardian are essentially the same as those of a parent. They are responsible for the day- to- day upbringing of your children including holidays, birthday and Christmas presents and all of the everyday things that we take for granted.
If you would like to learn a little more about the role of a Guardian contact us today to arrange your FREE, no-obligation home appointment and we can have a chat about your individual situation and how we can help you.
If you would like to learn a little more about the role of a Guardian contact us today to arrange your FREE, no-obligation home appointment and we can have a chat about your individual situation and how we can help you.
Some things to consider when appointing a Guardian
You should consider factors such as the age of your Guardians (are they older than you?) Where they live in relation to you (would your children have to move school?) How close is the relationship between your Guardian and children? Do your Guardians know and share your views on how your children should be raised and educated etc?
It is "normal" to appoint a close family member as Guardian, particularly where very young children are involved. Although, as your children grow the appointment of friends may be more appropriate as they are more likely to share your lifestyle, and in these modern times, friends are more likely to live nearer than your family.
fully advised willsIt is "normal" to appoint a close family member as Guardian, particularly where very young children are involved. Although, as your children grow the appointment of friends may be more appropriate as they are more likely to share your lifestyle, and in these modern times, friends are more likely to live nearer than your family.
"If your children are used to being looked after by your family why couldn’t they be looked after by them if you passed away?"
If your children are made a Ward of Court your Local Authority are given a duty of care to your children, this means if you pass away without making a Will, or have not appointed a Guardian any children under 18 become the responsibility of your Local Authority, who by default become your child’s Legal Guardians.
As harsh as it sounds, whilst your family can see your children they are highly unlikely to be appointed as their full time Guardian, however close knit or caring your family may be.
GET IN TOUCHAs harsh as it sounds, whilst your family can see your children they are highly unlikely to be appointed as their full time Guardian, however close knit or caring your family may be.
So, how do you appoint a Guardian to care for your children?
When we draft a Will, we always take the time to fully understand You and your situation. If you have young children we always advise you to think about who you would want to care for your children if a tragedy meant that you were not able to.
It's all about who your children feel comfortable with, and who you trust to bring them up the way you would want. It's never an easy decision, but once you have settled on the best person (or people) just let us know their name and we will make sure they are appointed in your Will as your child's Legal Guardian.
fully advised willsIt's all about who your children feel comfortable with, and who you trust to bring them up the way you would want. It's never an easy decision, but once you have settled on the best person (or people) just let us know their name and we will make sure they are appointed in your Will as your child's Legal Guardian.
"If you are a single parent wouldn't your ex-Partner be appointed as your child's Guardian if anything happened to you?"
If they are named on the child's birth certificate, yes they would as they would have something called Parental Responsibility. However, if for any reason you would not want an ex-partner to care for your child, we are still able to help. You would need more than just a Guardianship Arrangement, but it is possible to appoint someone you trust as a Guardian, and like everything we do, we are very happy to visit you in the comfort and privacy of your home and talk you through the whole process in a way that's very easy to understand.
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