Appointing Guardians for Children

If you have children under 18, naming guardians in your will is one of the most important decisions you'll make. Without named guardians, the court decides who raises your children - and it might not be who you'd choose.

What is a Guardian?

A guardian is someone you appoint in your will to raise your children if both parents die before the children turn 18. They take on parental responsibility and make decisions about:

• Where the child lives
• Education
• Medical treatment
• Religious upbringing
• Day-to-day care

When Does a Guardian Take Over?

A guardian only steps in when:

• Both parents have died, OR
• One parent has died and the other doesn't have parental responsibility

If one parent survives, they continue raising the children - even if the deceased parent named someone else as guardian.

What Happens If You Don't Name Guardians?

If both parents die without naming guardians:

1. Family members can apply to the court for a Child Arrangements Order
2. If there's disagreement, the court decides
3. Children may be placed in temporary foster care during proceedings
4. The court considers the children's welfare but may not choose who you would

This creates uncertainty, delay, and stress for grieving children.

How to Choose Guardians

Key Considerations

• Values and beliefs: Do they share your approach to raising children?
• Age and health: Will they be capable long-term?
• Location: Would children need to change schools, leave friends?
• Family situation: Do they have children of their own?
• Financial stability: Can they accommodate extra children?
• Relationship with children: Do your children know and trust them?
• Willingness: Have they agreed to take on this responsibility?

Common Choices

• Siblings (children's aunts/uncles)
• Your own parents (children's grandparents)
• Close friends
• Godparents

Things to Discuss With Potential Guardians

• Are they willing to take on this role?
• How would they approach raising your children?
• Would they maintain relationships with other family members?
• What financial support would be available?

Appointing Multiple Guardians

You can appoint:

• One guardian: Simplest option
• A couple jointly: Both share responsibility
• Multiple guardians: They must work together
• Backup guardians: In case first choice can't act

Tip: If appointing a couple, consider what happens if they separate.

Guardians and Money

Guardians have responsibility for raising children but don't automatically control their inheritance. You can:

• Leave money to guardians directly: To help with costs of raising children
• Create a trust: Trustees manage money for children's benefit
• Appoint the same people as guardians and trustees: Simplifies things
• Appoint different trustees: Adds oversight

What About Stepchildren?

You can only appoint guardians for children where you have parental responsibility. For stepchildren:

• If their other biological parent is alive, that parent has responsibility
• If you've legally adopted them, you can appoint guardians
• Otherwise, you can express wishes but can't make binding appointments

When Parents Disagree

Each parent can name different guardians in their own will. If both parents die and named different people, all named guardians must work together or apply to the court to resolve disagreements.

Recommendation: Parents should agree on guardians and name the same people.

Writing a Letter of Wishes

Alongside your will, consider writing a letter of wishes for guardians covering:

• Your hopes for children's upbringing
• Education preferences
• Religious or cultural considerations
• Maintaining relationships with other family
• Any health information
• Children's routines, likes, and dislikes

This isn't legally binding but guides guardians.

Frequently Asked Questions

Can grandparents be guardians?

Yes, but consider their age and health. Will they be able to care for teenagers when they're in their 70s or 80s?

Do guardians have to accept?

No. They can decline the appointment. This is why you should ask them first and consider naming backup guardians.

Can I change guardians later?

Yes, by making a new will or codicil. Review your choice regularly as circumstances change.

What if the named guardian isn't suitable when needed?

Family members can apply to the court to challenge the appointment if they believe the named guardian is unsuitable.