Guardianship Solicitors

Common Guardianship Questions

• What is a Testamentary Guardian?

  Appointing a Testamentary Guardian to care for a minor child is an important decision to make in your Will.

  If both parents pass away, this person will be able to make important decisions related to your child’s health, welfare and education until they turn 18 years old- always acting with your child’s best interests at heart!

  When choosing this special person, make sure to have a conversation with them or leave some guidelines regarding your desired upbringing choices – like whether you would prefer them to follow certain religious upbringings or pursue specific educational opportunities.

  It is worth having those tough conversations now so that you know that your child is cared for in the way you would want if anything happened to you.

• Who can appoint the guardian?

  The person appointing the guardian must have Parental Responsibility:

  If a mother and father are married at the time of birth, they will both share parental rights over their child.

  If the child is born out of wedlock, only the mother gains automatic authority on issues concerning upbringing.

  However, a father can still acquire parental responsibility by marrying the mother, entering an official agreement or gaining court approval.

• Who can I appoint as a testamentary guardian?

  You have the freedom to choose who you feel is best suited for your child’s care.

  As there is no fixed rule to appoint someone related, you may name anyone over 18 who best knows and understands your lifestyle and values- it could be a family member or a close friend whom you trust.

  It is important to note that most parents first consider appointing grandparents as guardians, but with this comes uncertainty about how well they will cope when their grandchildren reach adolescence.

  Besides, while more than one guardian can be appointed, disputes can easily arise in this case.

• Do both parents have to be deceased for the guardian to take responsibility?

  In the event of one parent passing away, the surviving parent will generally have Parental Responsibility for any children.

  For unmarried partners that had a child born after 1st December 2003, Fathers are automatically granted Parental Responsibility when their name is registered on the birth certificate.

  Consequently, if an appointed guardian was named in the deceased parent’s Will, this appointment can only take effect once both parents with Parental Responsibility have passed away.

  However, if one of the parents is still alive and a disagreement arises between both sides of the family, an appointed testamentary guardian would be entitled to participate in major decisions involving the child’s welfare – ensuring that all parties are heard.

• When does the guardian become responsible ?

  In instances where a parent passes away, guardianship generally begins immediately unless someone disputes it in court. If so, the court will take precedence to ensure that any arrangement focuses primarily on what is best for the child.

• What is the Difference Between Guardians and Trustees?

  Guardians and Trustees may sound similar, but these two roles are vastly different.

  Guardians are responsible for ensuring the overall wellbeing of a child while Trustees oversee money being put aside to pay towards their maintenance and education.

  Both roles play an essential part in guaranteeing children receive proper guidance throughout their life!