We’d all like to think that we’ll be there for our children forever, but there’s always a chance that you won’t. That’s why having a legally appointed guardian is so important, but it’s also a big decision.
 
The big problem comes in when people assume that their child will automatically go to their next of kin if anything happens to them. That’s not necessarily true and if you die without a legal guardian, there’s a good chance that anyone can step forward to claim your child and it will be up to a judge, who may not have all the facts, to decide who takes care of your child.
 
To avoid that happening it’s important that you and your partner decide on a legal guardian for your child, and make sure that both of your wills reflect that. Otherwise, in the event of your deaths, there may still be conflict.
 
Once you’ve agreed that you need to appoint a legal guardian, the next tough step is to decide on one. The trouble is, you and your partner are, and always will be, the best parents for your child. No one will ever be perfect, but there are a few things you need to look at to choose someone who will do a good job of raising your child if you can’t. These include:
 
Their parenting style: Do they share your views on discipline, education, values and religion?
 
Their circumstances: They need to be financially secure, emotionally and physically capable of dealing with a child.
 
Whether they have the time and energy that raising a child demands.
 
Whether they’re known to your child, or whether it would require a total upheaval of your child’s life, or even moving away, for them to become your child’s guardian.
 
If they are planning a family of their own, or already have one, whether your child will still be a priority for them.
 
Once you’ve applied these criteria to your list of possible legal guardians, you should be able to narrow it down to one or two potential candidates. Speak to those people about how they would feel about accepting the responsibility. Find out if they are willing, and if so, for how long. Remember that guardianship needn’t be forever, although it is better to choose that if you can. If you want someone in particular to look after your child until a specific age you can specify that, and the person that the responsibility passes to after your child turns that age.
 
You also have the option of naming different guardians for each of your children, or to choose one for all of them. Remember, however, that it’s better for your children to stay together, but that it may be a financial burden to one caregiver. You may need to make financial arrangements if you want all of your children to be under the care of a single guardian. Another choice you will need to make is whether your child’s guardian will also be the trustee of your estate, or the beneficiary on a life insurance policy, with a stipulation that your child is cared for with the proceeds.
 
If you or your partner are not your child’s biological parent, then you also need to make provision for that in your will. When the biological parent of a child dies, the guardianship for that child automatically passes to the other biological parent. If they are unable or unsuitable to care for your child, then your child will still need a guardian. If your partner has not adopted your child, then they will not be automatically considered for the role. You will need to stipulate that in your will.
 
If you do not want your child’s other biological parent to become their guardian, you will first have to prove that they have either legally abandoned your child (not provided for or taken any interest in your child) and that they are unfit to be a parent. Be warned that this is difficult to prove and that your child may still be given to your ex partner by a judge.
 
The best advice, if the issue of guardianship is a tricky one for you, is to speak to a lawyer who can advise you on what you need to do.

Latest

Trending