What are Guardians?

A Will isn’t just for the elderly. If you’re a parent of children under the age of 18 then it is vital that you create a valid Will to appoint guardians who will take on parental responsibility for them in the event of your death. 

• Guardians are appointed by someone who has parental responsibility for a child – and the appointment passes on parental responsibility. 

• Children without a guardian will otherwise become wards of court – it will be up for the local authority to make suitable arrangements for the child’s care until the court’s decision has been made. This could mean a temporary stay with close relatives, foster carers, or in a children’s home. 

Who has parental responsibility?

A guardian is only created if the appointment is made by a person with parental responsibility for the child. Birth mothers always have parental responsibility for their children. 

Fathers will have parental responsibility where they meet one of the following criteria:

• They were married to the mother at the time of the birth or have married the mother since that date; 

•      The child was born after 1st December 2003 and the father is named on the birth certificate; 

•      The child was born before 1st December 2003 and the father has re-registered on the birth certificate since that date;

•      A parental responsibility agreement with the mother exists;

•      A court order granting parental responsibility to the father has been mad
  

Guardians will be responsible for looking after children until they become 18. You associate will be able to offer you guidance in making this decision. Factors you should consider include: 

• Age – will they be able to manage bringing up very young children or be able to handle dealing with teenage children?
  Location – will your children have to move school? Will they be separated from their friends and other family members?

• Finances – will they be able to accommodate your children? Trusts can be set up in your Will to provide income and capital for your children’s benefit. Your associate will be able to offer further guidance.

• Religious/moral issues – will the guardians accommodate any religious/cultural beliefs in the upbringing of the children?