Parents of younger children have to make a hard decision when making a Will. It determines who should be appointed as a legal guardian of their children. The inclusion of the appointment of a guardian should be analyzed whenever a Will is produced by a person with children who are below the age of 18.
With the prevailing trend towards older parents, rising number of blended families, and the new advancements in birth technologies, the transparent selection of guardians is of leading importance. It can be a matter of sensitive possession and it demands vigilant consideration as well.
Appointment of Guardian
Considering the Care of Children Act 2004, generally, the parents of children are mutual guardians.
The role of the appointed guardian is another issue to whether or not you have day-to-day care or custody of the children. Guardians must discuss and agree on influential decisions about the child’s life, including but not limited to:
- where and how the kid will seek his education
- the child’s religious denomination
- where the child resides
- travelling decisions
- health care and medical facilities the child should receive.
In the common course of things, a child’s parents make these conclusions on a day to day basis irrespective of analyzing where their influence to do so comes from. However, this can result in more complexity in the event that the parents of the child are separated or were never in a bond, if mutual guardians are not able to agree on matters originating from their guardianship, or if one or both of the child’s parents dies.
Testamentary Guardian
Parents can name a person in their Wills to take over the status of the guardian, as a testamentary guardian, for their children in the chance that they demise. A testamentary guardian does not possess the intuitive right to the day-to-day care of the child such custody of the child. It is right to reveal your desire as to whom you would like to have day-to-day look after of your child, but ultimately this is an issue that would require an application to the Court to establish properly.
Appointment of testamentary guardian is a personal decision. At the end of the day, it is who you believe will be the most suitable individual to make conclusions about how your children should be brought up. In practice, it is generally a member of your family or close family friend who is appointed.
Cautious consideration requires to be given to the circumstances and age of the offered guardians. Are a family cousins or a close friend be able to manage this role appropriately? Can the stated guardian accommodate more children within their family, in the situation that they were to have day-to-day care of the children as well as guardianship? Does the appointed person have the special skills to deal with a kid who has lost his/her mother or father or both?
The parents of a child may designate a person or persons as a guardian of the child in case of death of any parent.
Contact our knowledge lawyer and schedule appointment of a testamentary guardian in your Will.
