Guardianships
Are they worth it?
Most of us have probably come across the term “guardian” or “guardianship,”
but have you ever stopped to think about whether this is something you need to
put in place?
As a parent, it may be something you think you may
never have to consider but the safest option is to make
provisions for your children now so you know when you
are no longer in this life, they will still be loved and well
cared for by someone you trust.
A guardian is someone who has the legal authority to
take care of a child (under the age of 18) in the event
of the death of their parents or carer.
We understand that determining who will be the guardian
of your children is one of the most important decisions
as a parent that you will have to make and can be quite
an overwhelming task so we have put together some
guidance for you below when determining who your
guardian(s) should be.
What is the Role of a Guardian?
A guardian will effectively have overall responsibility for
the child including:-
• choosing and providing for the child’s education
• consenting to any medical treatment for the child
• providing support for the child – emotional as well
as financial
• provide shelter and care for the child
• general maintenance i.e. clothes and food
As the role of a guardian carries an immense amount
of responsibility. It is therefore a good idea to talk it
through with your chosen guardian(s) and let them
know your wishes before you add them in your will.
Things to Consider when Appointing a Guardian
Choosing a guardian can be, in some cases, a fairly
difficult decision to make. Here are some factors for
you to consider ensuring you make the best choice: –
• Location – do they live nearby? If not, your child
will be moved away from their school and friends
which is all familiar territory to them and their “safe
place.”
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the society of will writers
• Lifestyle – if the children have been born and raised
in the UK, they will be used to a lifestyle. Does your
guardian share a similar lifestyle?
• Other children – does your guardian have other
children and will they able to raise another child?
• Stability – it is important that your children become
part of a stable family environment, both financially
and emotionally.
• Personality – does your guardian have certain
personality traits i.e. patient, caring and trustworthy?
• Familiarity – does your child know and like the
guardian?
• Values – are there any cultural or religious values
you’d like your children to be raised with? Does
your guardian share the same values?
• Capacity – does your guardian have the mental
and physical ability to raise the children? i.e. if
children are minor
Can I appoint more than one guardian?
Yes, you can appoint more than one guardian but make
sure the people you choose will be able to agree on
what is best for your children.
If you decide you want the guardians to act jointly
(instead of jointly and severally), this effectively means
all guardians would be required to agree on every
single point relating to the children’s upbringing, which
school they go to etc. This is likely to cause issues and
potential conflict between the guardians.
In some cases, where only one guardian has been
appointed, it would be advisable to appoint an alternative
guardian in the event the appointed guardian(s) are
unable to fulfil their role for any reason.
Guardians Appointed in Different Countries
We have recently seen a high number of queries
relating to appointing guardians in different countries
to each other and that of the children. Looking at this
objectively, realistically this is likely to cause a lot of
unrest for the children. Where would the children be