Appointing Guardians for Your Children
If you have children under the age of 18, one of the most important things you can do as a parent is make a Will.
A Will does more than say who should receive your money and belongings. It can also help you make your wishes clear about who should look after your children if you die.
What is a guardian?
A guardian is someone you choose to take responsibility for your children if you die and there is no other person with parental responsibility who can care for them.
Under the Children Act 1989, a parent with parental responsibility can appoint someone to be their child's guardian in the event of their death. A guardian appointed in this way will have parental responsibility for the child.
Why is it important?
Without a clear arrangement, the future care of your children could become uncertain at an already very difficult time.
By naming a guardian in your Will, you can make your wishes clear and give your family guidance about who you would want to care for your children.
For example, you may wish to appoint:
- A close family member
- A brother or sister
- A grandparent
- A close friend who knows your children well
The most important thing is choosing someone you trust to care for your children and make decisions in their best interests.
Don't forget to speak to the person you choose
Before appointing someone as a guardian, it is a good idea to talk to them. Being a guardian is a significant responsibility and you should make sure the person understands what you are asking of them and is willing to take on that responsibility.
If you have children under 18 and do not yet have a Will, it is worth taking professional legal advice about putting one in place.
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Our team is made up of highly experienced lawyers who are specialists in this area of law.
Contact us on 0330 300 1103 or 01924 868933 or request a call-back.