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.
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.
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.
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.
The Norton Law Group is a long established and leading family law firm with specialist family lawyers in Sydney.
We offer first free family law conferences and tailored pathways including for both negotiation and court proceedings.
North Sydney
Sydney CBD Office
Leichhardt Office
© 2025 All Rights Reserved | The Norton Law Group |
Privacy Policy
|
Digital Marketing by
Whitehat Agency