Published on: 20th February 2023

Guardianship

When creating a Will, if you have children under 18, it is crucial to ensure your children are cared for if both parents pass away. Including a guardianship clause within your Will can allow you to name a relative or friend you trust to act as guardian for your minor children. Without this essential clause within your Will, a guardian for your children may be decided by the courts.

This clause will allow your chosen guardians to have legal authority to care and make decisions for your children until they turn 18. A guardian will make decisions regarding your children’s day to day lives such as education and welfare. By including a guardianship clause, the process for your children can be straightforward without involving the children potentially being cared for by social services. Additionally, this clause can offer everyone involved peace of mind at a distressing time.

It is important to carefully consider who would be best suited for this role. Some factors to consider may be the age of the proposed guardians, their current relationship with your children and their own family and circumstances. It may be easier for everyone to adapt if your children have a good relationship with their proposed guardian. If you want your children’s grandparents as guardians, it is important to consider whether their age may impact their ability to physically care for their grandchildren.

Although families commonly appoint friends or relatives as godparents for their children, this does not mean they will become guardians. The best way to ensure a guardian is appointed for your children is to note your wishes within your Will. If you are considering noting more than one potential guardian, a reserve guardian can be appointed to step into the role in the event the primary guardian is unable to act.

To discuss appointing a guardian in your Will, please click here to book a review appointment. Alternatively, please call our appointments department on 01732 868 190 to book an appointment with a Consultant to discuss a guardianship clause.  

======================================

If you wish to give instructions or require general information about our Wills, Lasting Powers of Attorney, or Trusts then we will carry out a telephone or Zoom appointment. However, if you wish to give instructions to one of our Consultants and you feel that you can only do this at a Face to Face meeting we are offering, at our Consultant’s discretion, a limited number of Face to Face appointments in most of the areas we normally cover (subject to Government advice). To see the areas we normally cover please click here. To arrange an appointment please telephone 01732 868190 or click here.

======================================

Back to all news