Essential Information for Parents on Appointing Guardians for Their Children

If you pass away while your child is under 18, the state will appoint a guardian, irrespective of your personal wishes. This could be someone outside your family, and in severe cases, the state might determine that your relatives are unfit, potentially leading to your child being adopted out of their natural family.

Creating a will is the only legally binding method to ensure your chosen guardian will care for your child.

By Sam Wills

This blog post outlines how you can designate a guardian in your will and how to complete the process with minimal fuss.

keeping control on the family unit

Why Should You Appoint a Guardian in Your Will?

By age 16, around 1 in 20 children will have experienced the death of one or both parents. Without an appointed guardian, you lose control over who will care for your child.

Many believe that custody automatically goes to their partner or closest kin, such as a mother or sister. Unfortunately, that’s not the case.

Creating a will is the only legally binding way to decide who you’d like your child’s guardian to be.

Is My Partner Automatically the Guardian?

Guardians are only needed if there are no surviving parents—those with parental responsibility.

If your partner has parental responsibility, they will automatically take care of your child.

Mothers always have parental responsibility. Fathers only have it if they were married to the mother at the time of the child's birth or are named on the birth certificate.

Learn more about who has parental responsibility.

How to Choose Your Guardians

Close family members or friends are typically the best choices. Younger, healthy parents can also be a great option. Siblings, especially those with young children, might be a good fit as well.

Choosing guardians isn’t easy. To help, list potential candidates and weigh the pros and cons. Consider these factors:

• Values: Do they share cultural or religious values you’d like your children to be raised with?

• Responsibility: Are they capable of caring for and providing for your child?

• Familiarity: Does your child already know and like them?

• Location: Do they live nearby? If not, your child might be uprooted from their familiar environment.

• Other Children: Does your guardian have other children? Would your child fit in or feel left out?

How Many Guardians Should You Choose?

It’s advisable to choose only one guardian, or two if they are a couple. Also, having a reserve guardian is a smart idea.

a mother's love for her son

What to Do Once You’ve Chosen Your Guardian?

Once you’ve made your choice, discuss your wishes with them and ensure they’re happy to take on the role. Most people feel honoured to be asked. Then, simply add them to your will, and you’re all set.

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What If It’s Too Difficult to Decide?

The most important thing is to stop procrastinating and choose a guardian you’re comfortable with for now.

1 in 30 parents dies before their child turns 18, and 1 in 5,000 parents die simultaneously. While it’s an unpleasant thought, it’s crucial to take action and make your decision.

Don’t delay any longer.

Next Steps to Appoint a Guardian

If you have a child under 18, appointing a guardian in your will is a vital part of planning for the future.

Contact us today from the comfort of your sofa, in just one simple step. Send me an instant message for a free, no-obligation quotation.