Published on: 23rd March 2017

Appointing a guardian for your children

If you have a child or children under the age of 18, it is extremely important to consider appointing a guardian in your Will. This ensures that in the event of you and your partner's death, your children remain well cared for by people you trust. Your guardian(s) will take on the role of parental responsibility. This results in the appointed guardian(s) having the legal authority to make decisions on behalf of your children. The guardianship will automatically end when a child turns 18. Guardians make the same type of decisions that you, the parent, would make. The guardian(s) will be responsible for deciding where your children will live as well as providing them with a stable home. The guardian(s) will also be responsible for your children's welfare and day to day care as well as important decisions such as their education and their medical treatment. Choosing a guardian can be very difficult and there are several things to consider.

Whilst the initial choice may be to appoint your own parents, there are limitations. If your parents are elderly, it is important to assess whether they are both mentally and physically capable of caring for your children. When choosing your guardian(s) it is also important to consider your children's wishes and their relationship with the proposed guardian(s); do they already have a bond and get along? Furthermore, in order to ensure ease for your children at what will be a difficult time, it is advisable, where possible, to appoint a guardian who lives nearby. This avoids further upheaval for your children and ensures them some familiarity at an uncertain time.

Appointing a guardian who lives far away could result in your children having to move schools and leave behind the people they know. If you decide to appoint two guardians it is best if they live at the same address. This makes it easier for your children to be cared for in one location and helps with any joint decisions that will be made regarding their welfare. It is also important to consider the number of guardians you appoint; there may be too many guardians, all with different opinions on what is best for your children's upbringing. If you do not wish anybody to feel excluded, there is the option to appoint a primary guardian or guardians together with a substitute guardian or guardians. It is always best to gain consent from the person(s) you wish to nominate as guardian(s) for your children. This gives you the peace of mind of knowing that they are willing to accept the role.

Furthermore, it gives you the opportunity to discuss your wishes and preferences for your children and their future. Whilst the appointed guardian does not have a legal obligation to use their own finances to support your children, it is worth considering their financial position when choosing to appoint them. Guardians may apply for a 'Guardians Allowance' provided by the government, but it would be advisable to look at setting up a trust for the benefit of your children. You can discuss with the proposed trustees about allowing funds from this trust to go to the guardian(s) to help with maintenance, any medical costs and educational fees. It may also be necessary to use these funds to allow your guardians to adapt their property to accommodate for your children.

Casey & Associates advises you to also leave a letter of wishes stored with, but not attached to your Will, advising your trustees on how they can distribute funds from the trust to assist with caring for your children. Should you chose not to appoint a guardian or guardians, it would be left to the courts to assess what is best for your children. This would result in either a care or a supervision order. A care order is an in depth plan and will outline where your children will live and who they have contact with. A supervision order is less intense and is based around 'advising' your children. It is often used for older children.

Should you wish to discuss appointing a guardian or guardians in your Will or setting up a trust, please click here to book a review appointment. Alternatively, please call our appointments department on 01732 868190 and one of the team will be more than happy to book an appointment for a Consultant to come and visit you.

Back to all news