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 in Sheffield and Doncaster 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.

Applying for Parental Responsibility

A father will automatically have Parental Responsibility if he was married to the mother at the date of the child’s 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 permitting this.

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

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.

What factors should be considered when appointing a legal guardian?

When appointing a legal guardian, it is important to carefully consider several key factors to ensure the chosen person can best support the needs and welfare of the child:

• 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.

How we can support you

At Taylor Bracewell, we offer expert advice on making a will and appointing a Legal Guardian. For more information, please download one of our helpful guides or contact our team of wills and probates solicitors in Doncaster (01302 341414) and Sheffield (0114 272 1884) where a member of our team will be more that happy to discuss anything will related.

There are many different types of wills. Our team can advise you about any of the following: