For parents, one of the most significant and sensitive decisions when preparing a will is the appointment of guardians for their children. While it is understandably difficult to contemplate such circumstances, ensuring that appropriate arrangements are in place provides peace of mind should the worst happen.

What is a guardian?

A guardian is an individual appointed to assume parental responsibility for your children if both parents pass away before the children reach adulthood*. This role encompasses decisions relating to education, healthcare and general welfare.

Common parental concerns

Understandably, parents often have numerous concerns when considering who they should appoint as a guardian for their children, some of which are discussed below: 

1. Selecting the right guardian

Parents often deliberate over who would be best suited to raise their children. Factors such as shared values, parenting style, emotional stability and geographical location are commonly considered. It is advisable to have a candid discussion with any prospective guardian to confirm their willingness and suitability.

2. Managing family expectations

The choice of guardian may not always align with family expectations and in some cases, it may involve appointing a non-relative. To mitigate potential disputes and misunderstandings at a difficult time, it can be helpful to document your reasoning in a letter of wishes, which can accompany your will.

3. Financial implications for the guardian

A frequent concern is the financial burden that may fall upon the guardian. While it should be noted that guardians do not have an obligation to support the children from their own resources, there are various ways that this concern can be addressed when the will is prepared. 

Final thoughts

Appointing a guardian is a deeply personal and vital decision. With careful planning and professional advice, you can ensure that in the worst-case scenario, your children are cared for by someone of your choosing and someone that you trust.

If you would like to discuss your options or review your existing arrangements, please contact me.

*Please note, whilst technically guardians can only be appointed for children who are under the age of eighteen, there are circumstances in which it is advantageous to include the appointment of guardians for adult children in a will. This note discusses only the former. If you would like advice on the latter situation, please do not hesitate to contact me.