In the event of death who will care for your children?

If you have children younger than 18 years, this is a very important decision and not one you want someone else to decide. In your will, you may nominate one or more people to be your child’s guardian in the event of your death. This may help to avoid any future disputes between family members by making your intentions clear.

Who is a guardian?

Your child’s guardian is responsible for the daily and long-term care and welfare of your children. The guardian will have all the powers, rights and duties that are usually vested in a  child’s natural parents, including making lifestyle decisions on the child’s behalf. The guardian must ensure that the child is adequately housed, clothed and educated.

Being a guardian is an important role as they must make all too important decisions about your children’s welfare. We recommend you discuss any proposed appointment with the intended guardian to ensure they are happy to take on such a significant job- including your both your short term and long terms wishes on such issues as education, holidays ,religion , diet and options for medical treatment. A good idea is to create a Memorandum of Wishes to provide valuable l guidance to your guardian.

Who can be appointed Guardian?

Any adult regardless of whether they are related to you or your child, may be appointed. Whilst one or more persons may be appointed, you should consider how compatible they are as you don’t want to invite conflict between joint guardians – remembering that at law they are considered to have equal authority over the children.

An alternative to joint guardians are ‘substitute guardians’, where they fill the position if the original choice of guardian is unable or unwilling to serve their role as guardian.

Who can override my decision of appointing a guardian?

A court can exercise discretion to appoint another guardian if it considers it to be in the child’s best interest. This is an important overriding power of the Court as too often wills are not regularly updated and the person you thought ideal a few years ago, may for one reason or another, no longer be appropriate and in the children’s best interest.

Will my guardian have control over administering my estate?

No, this responsibility of looking after your financial affairs is the role of the executor nominated in the will. Guardians may be able to seek funds from the executor and trustee of your will. Once again it is recommended that specific powers be given to the executors to advance monies for the children’s benefit (for specific purposes) whilst the children remain minors or attain the age nominated in your will.