Can I Appoint A Legal Guardian For My Children In Case I Die?
Posted on 14th March 2024
This is one question our solicitors in Lancaster are asked on a regular basis. The thought of not being there to care for your children is something no parent wants to consider. However, planning for the unforeseen by appointing a legal guardian in the event of your death is a crucial step in securing your children’s future. This blog from our Wills Solicitors in Lancaster aims to guide you through the process and considerations involved in appointing a legal guardian for your children.
Contact our Wills Solicitors in Lancaster
Understanding Legal Guardianship
A legal guardian is an individual who takes over the parental responsibilities for a child should everyone with parental responsibility pass away before the child turns 18. This includes decisions about the child’s education, healthcare, and general welfare. Choosing a guardian is one of the most significant decisions you will make in your estate planning process. People with parental responsibility are quite often the parents of the child, or someone appointed through the Court.
Whilst there is a person surviving with parental responsibility, usually the guardian appointed in the Will would not step in and act, only being required if there is no person with legal responsibility remaining alive.
The Importance of Appointing a Guardian
Without a legally appointed guardian, the decision can fall to the courts should something happen to your children. This can lead to family disputes, or your child might end up in the care of someone you would not have chosen. By selecting a guardian, you ensure that your children will be cared for by someone you trust and who shares your values and parenting style, or will follow your wishes in respect of these, even if their vary wildly.
How to Choose a Guardian
When selecting a guardian, consider the following factors:
Values and Parenting Style:
You may decide to choose someone who shares your moral beliefs, values, and parenting approach.
Age and Health:
The person should be physically able to handle the responsibility of raising your children.
Financial Stability:
While the guardian does not need to be wealthy, they should be financially stable and able to manage your children’s needs.
Existing Relationship:
It’s typically best to choose someone your children know and feel comfortable with.
Willingness to Serve:
Make sure the person you are considering is willing and prepared to take on this responsibility.
Geographic Location:
Consider how a change in location might affect your children’s schooling and social life.
Why choose MG Legal's Wills Solicitors in Lancaster?
Transparent fees.
We are the experts.
Multiple Office Locations.
Speak directly to us.
Legal Process for Appointing a Guardian
To legally appoint a guardian, you must do so in your Will. It’s advisable to consult with our Wills Solicitors in Lancaster to ensure the document is legally binding. If you die without a Will, the courts will decide who will raise your children, which might not align with your wishes.
Communicate Your Wishes
Once you have chosen a guardian, have an open and honest conversation with them about your decision. Discuss your parenting philosophies, your children’s needs, and any financial arrangements you have made to help care for your children. It’s also wise to inform close family members of your decision to avoid surprises or disputes later on.
Regular Review and Updates
Life circumstances change, so it’s important to review and possibly update your choice of guardian as needed. Check in regularly on your decision, especially if there are significant life changes like a move, a new addition to the family, or changes in the potential guardian’s circumstances.
How can MG Legal help me appoint a guardian?
Appointing a legal guardian for your children is a profound expression of love and care. It ensures that your children will be looked after by someone you trust, in a manner that you approve of, even if you are not there. While it may be uncomfortable to think about, the peace of mind that comes with having made this decision is invaluable. Take the time to carefully choose the right guardian, and make your wishes legally known to protect your children’s future.
Tragic, unforeseen circumstances, including accidents, illnesses, and other highly-unfortunate events, can occur, so arranging your Will sooner rather than later is always advisable. Most of the people who approach our Wills Solicitors in Lancaster presume that, if they die, their children would be looked after by their family, whether this be their spouse, partner, siblings, or parents. Realising the realities of how the appointment of a guardian takes effect can be worrying, and clients often want to finalise their Wills quickly to ensure their children are cared for.
To make a Will, contact our Wills Solicitors in Lancaster on 01524 581306 or email wills@mglegal.co.uk; our Wills Solicitors are happy to assist with the preparation of your Will, and discussion over appointment of guardians, all for affordable fixed-fees from £185 plus VAT.
Contact Us Today:
Or give us a call on 01524 581306.
Clear, fixed-fees
Fully-Qualified Solicitors
Tailored Service
Multiple Office Locations
Decades of Experience
Home Visits
Tagged as: Solicitors in Lancaster, Wills
Share this post: