Welfare of Children / Guardianship
Why may a Guardian be necessary?
If your children are orphaned before they are 18 and you have not specified a guardian in your will the state will appoint one and they may not necessarily be anyone you know or would prefer.
How is a Guardian appointed?
Legal guardians must be named in your will. You should first check that they would be prepared to take on the potential responsibility. It may be prudent to choose alternatives in case of death or incapacity of your first choice.
Guardian’s roles and responsibilities
The guardian has day to day care of the children making the decisions a parent would make on upbringing, education, health and welfare. Frequently a guardian will also be a trustee of any property held in trust for the child/children.
Making the choice
You should consider things such as shared views on parenting, their existing relationship with your children, the stability of their background and potential future home as well as their willingness to take on this long-term responsibility.
Guardians and Trustees
Guardians will often also be trustees as they will be taking care of a child’s finances until they are 18. It is prudent to also appoint a professional - solicitor or accountant - as a co-trustee to preserve objectivity and avoid conflicts of interest. They will also provide professional guidance.
In your lifetime you can change your choice of Guardian by a Codicil to your will or by appointing alternatives.