Appointing a Guardian in your Will

As a parent, one of the most important decisions that you can make is appointing a guardian in your will. While it is not always easy to think about, planning ahead gives you peace of mind that your child’s best interests will be protected.

Appointing a guardian is a straightforward process but it is important to understand the legal implications and steps involved.

What is a Guardian?

A guardian is an adult who looks after a child whilst they are under 18 if both of such child’s parents have passed away or are unable to take care of them. A guardian takes on full parental responsibility and will be able to make decisions about things like education, as well as the child’s welfare and daily care.

How to appoint a guardian in your Will?

1. Write a valid will: To appoint a guardian, you must have a legally binding will. It is possible to write a will yourself but it is highly recommended to use a legal professional to ensure that your will is valid and clearly outlines your wishes.
2. Include the guardianship clause: In your will, you will need to specify the person or people that you wish to appoint as guardians. This should be very clearly outlined. You can also appoint an alternative person or person’s to be guardians should your first choice not be able to or is unwilling to act.
3. Keep your will updated: It is important to review and update your will regularly, especially if your chosen guardian’s situation changes or if your relationship with them changes.
4. Provide for your child’s financial future: Guardianship involves not only physical and emotional care but also financial responsibility, you may choose to appoint separate Trustees to manage your child’s inheritance until they come of age.

Factors to consider when choosing a Guardian

Choosing who will be responsible to take care of your children is not a decision to be taken lightly. There are several factors which you must consider when deciding who to appoint. Some of these may include: –

1. Relationship with your children: Ideally, the person who you chose to be the guardian would have a strong and positive relationship with your children.
2. Age and health: The person you appoint should be capable of caring for your children long term. It is important to think about how looking after your children may impact their health and lifestyle to ensure that they are able to take on such a significant responsibility,
3. Financial stability: While this may not be the sole factor, it is wise to choose someone who can provide a stable living environment.
4. Values and beliefs: It is important to ensure that the guardian would provide a stable and living environment that aligns with your vision of upbringing for your children.
5. Location: Where your guardian lives can impact which school your child will attend and friendships. It may be worth considering someone who lives nearby or someone who would be willing to relocate if you wish for your children to remain in the same area.
6. Willingness to accept the role: Before appointing a fuardian, it is essential that you discuss your decision with the person involved to ensure that they are willing to be the Guardian.

What happens if no Guardian is appointed?

If you pass away without appointing a guardian, the court will step in to decide who is best suited to care for your child. This process can take a long period of time and may also lead to conflict between family members or outcomes that don’t reflect your wishes The court will always act in the child’s best interest, but it is best to ensure that your wishes are made clear by making a will.

Appointing a guardian in your will is one of the most important steps you can take to protect your child’s future. With this safeguard in place, you will have peace of mind that your child would be cared for by someone who you can trust and someone who will make decisions in your child’s best interest.

How can Taylor Bracewell Wills, Probate & Trusts team help?

If you wish to appoint a guardian in your will, contact our team of expert wills, probate & trusts solicitors today. Call our Doncaster solicitors on 01302 341414 or our Sheffield solicitors on 0114 272 1884. Alternatively, fill out our online enquiry form.