If you have died and your child is under the age of 18, they will need someone to take legal responsibility for them until they reach 18.
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If one parent dies and the other parent has parental responsibility and survives them, that parent will take over caring for their child or children. A guardian can only therefore be appointed when either both parents with parental responsibility or the only parent with parental responsibility have died. Ordinarily mothers will automatically have parental responsibility for their child, however fathers will only gain parental responsibility if they are named on the birth certificate or both parents were married at the time the child was born. If you want to have control over who would take care of and guide your children after your death, you will need to appoint a guardian. |
What happens if I don't appoint a guardian?
If there are no surviving parents with parental responsibility your child may stay with family members or friends on a temporary basis or in fact be taken into care whilst the court decides who will ultimately take care of them permanently.
If you want to decide who will take care of and guide your child after your death, you will need to appoint a guardian.
How do I appoint a guardian?
You can appoint a guardian in your Will however as a guardian is not under any obligation to act and so you should discuss the decision with the proposed guardian before you do so to make sure that they are happy to act.
In your Will, you can appoint a single guardian or a pair of guardians, if for example, you would like to appoint a couple. Although it’s more unusual, it is also possible to appoint different guardians for each of your children.
If you are appointing for example, a couple as guardians, you should consider whether you would be happy for either of them to be a guardian on their own if one of them were to die or they were to separate.
You can also appoint replacement guardians in case your chosen guardian has died before you, is no longer willing to act or they simply aren’t able to anymore. If you do so, you will have done all that you can to ensure your child is raised by someone of your choice.
What do I need to think about when choosing a guardian?
Although it’s unlikely that you will need a guardian, you want to be sure that your child would be well looked after and raised in accordance with your parenting style and values.
Its therefore important that you consider carefully whether a proposed guardian would be suitable and you may wish to ask yourself the following questions;
- Does the guardian have children of their own? If so, consider whether they have the time, space and finances to add another child to their family and also whether your children get on with their children. If they don’t have children, are they prepared for the change in lifestyle taking care of child will bring?
- How do you feel about the guardian’s parenting skills?
- Is the guardian able to offer a stable family environment for your child?
- Does the guardian have similar religious, moral and worldly beliefs and views as you?
- Does your child have a positive relationship with the proposed guardian?
- Where does the guardian live? If your child will need to move, will they need to move schools and will they still be near friends and family?
- Is the guardian of an age or have any medical conditions which might make it difficult to take care of a child?
- Does your child have any particular medical or behavioral needs and if so will the guardian be able to meet these?
- Do you want the guardian to also be an executor of your estate? If they are, it may mean that they have ready access to the funds needed to take care of your child to deal with their day-to-day needs easily but you may want to consider whether you would rather someone who is less involved to control the money to sensibly protect it for your child.
Is there anything else you should consider doing?
You should think about writing a detailed letter about how you would like your child raised to guide your chosen guardian. For example, if you would like them to go to a particular school, try particular hobbies or be part of a religious community. Although the guardian will not be obliged to follow your wishes, you will have made your hopes and dreams for your child known for their consideration.
If there is anyone in particular that you do not want to raise your children, you should make a note in writing. If your family are unhappy with your choice of guardian, it may help to settle arguments if they know why they weren’t chosen and if your chosen guardian is not able to act, the courts will have some guidance from you to consider when appointing a guardian.
If you would like to discuss appointing a guardian or making a Will, please contact Jasmin Barron on 01394 277 941 or at jasmin@fairstep.co.uk. Alternatively, fill out our contact form, and we would be happy to discuss your requirements in further detail.