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Should I appoint Guardians for my children?

If you have children under 18 years of age, a guardianship appointment is one of the most important things you can do to safeguard your children.  Our children are one of the most valuable things we could leave behind when we die, so it is important to ensure they are looked after, not only financially but by the people you trust.

What happens if I don’t appoint a Guardian?

If you don’t have any Guardians appointed and no one left has parental responsibility, then the court will decide who will look after your children.  This can be a very lengthy process and your children may be put in care while this is ongoing.

Parental responsibility

When appointing Guardians, it is important to establish who has parental responsibility for the children.  Parental responsibility is automatic for mothers but only applies to fathers if they are named on the birth certificate, were married to the mother at the date of their child’s birth or after, or if this has been granted by the courts.

When does guardianship take effect?

Your appointed Guardians step in when there is no one left with parental responsibility.  It is important to note that while one parent with parental responsibility is still alive, any guardianship appointment will not take effect.

What does a Guardian do?

A Guardian takes responsibility for raising your child, ensuring they have access to everything they need until they reach 18 years of age.  This could involve them making choices about your child’s education or medical decisions.

How do my Guardians fund my children’s upbringing?

Your Guardians will receive monies from your estate to ensure they are not out of pocket for taking on this responsibility.  Your executors and trustees will appoint this money to your children’s Guardians and will also hold your child’s inheritance until they come of age.  Though there are no rules to say your Guardians and Executors cannot be the same people but it is for this reason that it would normally be advised they weren’t.

You may also decide to leave your child’s Guardians a legacy within your Will as a thank you for taking on the responsibility.

Who should I choose to be a Guardian?

There are a few factors to consider when deciding who should be the Guardian of your children, starting with someone you trust to raise your children.

• Proximity: Do you want your children to stay in the same school and close to their friends and family?
• Beliefs: Do these people carry the same beliefs as you for raising your children.  It is always best to discuss this with your Guardians prior to appointing them.
• The age and health of your intended Guardians: Are they likely to survive your children reaching 18 and will they be able to handle this responsibility?
• Relationships: Do they already have a good relationship with your children and would your children be comfortable living with them?

Additionally, it’s also a good idea to consider a replacement Guardian if your first choice was unable to act for you.

How do I appoint a Guardian?

The best place to appoint your Guardian/s is within your Will as this allows you to plan your executors and division of assets at the same time.  Please speak to one of our Wills Specialists who will guide you through the process and provide you with a detailed booklet to complete that ensures your Guardians know what your wishes are for your children.

Contact us on 01228 711888 or email mail@david-allen.co.uk