Guardianship

No one likes to think of the possibility of them not being around to bring up their children. The sad fact is many parents do die prematurely, either through illness or accident, without leaving a Will.

Without a Will in place, young children are not protected financially or legally. Which means it's essential to appoint a Guardian.

A Guardian is a person who has legal responsibility for your children. A parent with parental responsibility can appoint a Guardian in their Will. The appointee will only become the child’s Guardian if, at the death of the parent, there is no one with parental responsibility surviving.

Careful consideration has to be given to whom you choose to be your child’s Guardian, as they could make decisions about your child’s health, schooling and well-being.

Failure to appoint a Guardian for your child means the court will appoint a Guardian if the parents have not. The court does not know your children, and many make a decision which is less than ideal. Until such times as the court appoints a Guardian, the children may be taken into care.

Guardianship FAQs

Are grandparents legal Guardians?

Grandparents have no legal rights to become Guardians if the parents pass away. If you would like the grandparents to become legal Guardians, you would have to name them in your Will.

Are siblings legal Guardians?

Older siblings are not automatic Guardians if their parents pass away. As long as your older child is over the age of 18, and you want them to become the Guardian of your younger children, you will have to make arrangements in your Will.

Are step-parents legal Guardians?

Step-parents don't automatically have automatic Guardianship if their partner passes away, they have to apply for "parental responsibility". To do this, they have to be married to the biological parent and need to obtain the written consent of every person with parental responsibility.

Who has parental responsibility?

Mothers automatically have parental responsibility for their children, however, the father either has to be named on the birth certificate or married to the mother to have parental responsibility.

What responsibilities does a Guardian have?

There are eight main responsibilities that a Guardian has:

1. Provide a home for the child
2. Ensure the safety and well-being of the child
3. Choose a school and ensure their attendance
4. Ensure their eating and nutrition 
5. Decide medical treatment
6. Financial support
7. Name changes if required
8. Discipline of the child

If you have additional wishes in regard to how your child is raised, you may want to write a letter of wishes which can include information about religious upbringing, education and hobbies.