I Want to Appoint a Legal Guardian

When you are in the process of writing a will, it’s important to consider appointing a legal guardian. In the event that anything should happen to you before your children reach the age of 18, this person will step in to care for your children.

The legal guardian you appoint will be responsible for the upbringing of your children, so you must choose someone you trust and who has similar views to you and ensure that the chosen guardian is happy to take on the role. If you want to appoint a legal guardian, talk to our Wills and Probate solicitors to arrange an appointment.

Who can appoint a legal guardian?

To appoint a guardian, you must have Parental Responsibility for your children. This means that you have various rights and responsibilities concerning them. All mothers automatically have Parental responsibility for their children, but not all fathers do.

A father will automatically have Parental Responsibility if he was married to the mother at the date of birth, if he is named on the birth certificate (for births since 1 December 2003), or if he jointly registered the birth with the mother. A father can also acquire Parental Responsibility if he marries the child’s mother, has a formal Parental Responsibility Agreement with the mother, or if the Court grants an order granting this.

In certain circumstances, Parental Responsibility may also be granted to other people, for example, to same-sex parents or step-parents.

If you have Parental Responsibility, then it is essential to appoint a legal Guardian to look after your children in the event of your death, especially if you are the only person with Parental Responsibility. For more information about appointing a legal guardian please contact one of our wills and probate solicitors to arrange an appointment to discuss your needs further.

Factors to consider when appointing a legal guardian:

• The age of the guardian
• The location where the guardian lives
• Does the guardian have pets
• Does the guardian have any medical reason that means they would struggle to act
• Does the guardian have experience with parenting

For more information on making a will or appointing a legal Guardian please download one of our helpful guides, or contact our team of wills and probate solicitors in Doncaster and Sheffield who will be more than happy to have a chat with you.