Guardians – The Important Considerations for Your Most Important Decision

12 Sep Guardians – The Important Considerations for Your Most Important Decision

If you have minor children, one of the most important questions you will be asked when you make a Will is who you want to appoint to look after your children if you have died. You may decide to appoint a guardian as an executor as well, or you may decide to appoint different people into the two roles.

It goes without saying you need to speak to the proposed guardian and to ensure they understand what they are being asked to take on. Your children’s guardian should be fully aware of your Will and their appointment as a guardian. It is essential to communicate your wishes clearly and directly to the chosen individual to ensure they are prepared for the responsibility. You must be comfortable with their appointment and feel they would be the most appropriate person to look after your children and their needs. Sometimes this can mean a difficult decision is needed.

Who Should I Choose as a Guardian?

Most people naturally think if they are not here then they would appoint their own parents to act. However, practicality will need to be considered. How old are your own parents? Would they be able physically to cope with looking after children at their time of life? While they would no doubt indicate they would be happy to take on the role, would they be able to cope with it? Would someone from a different generation make a better guardian?

What about brothers and sisters, do they have their own children? What would adding another child or children to their home life mean, would they be able to manage? If they don’t already have their own children, how would the huge change in lifestyle affect them if they agree to take on your children? How would they cope?

Guardians do not have to be family members or relatives; you can appoint anyone who you believe would be appropriate. However, you need to ask the same questions.

The practical realities of being a guardian can be very difficult, leaving aside the emotions and undoubted stress close family members and friends would be feeling at a time when you have passed away. Many people agree to be guardians for all the right reasons and do a fabulous job of making sure the children are brought up as you would like to them to be. But it is crucial to remember additional support may be needed, whether financially or mentally, to be able to take on their role as a guardian. Sometimes people can feel guilty if they say they can’t cope with being a guardian, so agree and take on the role being unprepared for what it would mean to them.

It is imperative you discuss all aspects and practicalities of being a guardian and the proposed guardian understands the nature of the role you are asking them to undertake.

Life as a Guardian

As a guardian, one of the most crucial duties is to provide a stable and safe home environment for your children. This includes ensuring they have a comfortable place to live, access to essential amenities, and a nurturing atmosphere that promotes their well-being. Guardians must also take care of your children’s physical and emotional needs. This includes providing nutritious meals, medical care, a safe environment to play and explore, and emotional support during times of distress or change.

Your children’s guardian will also be responsible for making educational decisions on their behalf. This involves enrolling them in schools which align with their needs and aspirations. They may also need to assist with management any financial assets or funds left for your children’s care in accordance with your Will. They must act responsibly and in the child’s best interests when handling these resources.
Guardians may also be required to act as the legal representative for your children until they reach the age of majority. This means they may need to make decisions on legal matters or financial transactions related to the children’s interests.

It is also essential for the guardian to encourage and facilitate contact with other family members, such as grandparents or siblings, to maintain strong family bonds and support systems.

Your chosen guardian should also be able to offer emotional support and care for your children as they adjust to their new circumstances. Having just lost their parents is difficult enough, but adapting to a new home, a potentially different area and a new way of life will be challenging for all children irrespective of age and previous experience.

Guardians should also be encouraged to seek professional advice and support, especially in legal or financial matters, to ensure they are fulfilling their responsibilities appropriately and in compliance with the law. They may also need to liaise with relevant authorities in relation to any changes in circumstances or the children’s well-being.

Asking someone to be a guardian is a significant decision for you as a parent as you are asking them to look after your most precious charge, but it is also a huge responsibility for the guardian to accept your request to take on this role.

With careful thought, discussion and planning appointment of guardians can mean you have peace of mind that if the worst happens, your children and protected, looked after and cherished after you have gone.