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Guardian

A person appointed in a will to care for your minor children if you die. Has parental responsibility until the child turns 18.

A guardian is someone appointed to care for your minor children (under 18) if you die. This is one of the most important reasons for parents to make a will.

Appointing a Guardian

  • Must be done in a will or formal signed document
  • Only takes effect if the child has no surviving parent with parental responsibility
  • You can appoint one guardian or several jointly
  • Should name backup guardians in case first choice can't act

What Guardians Do

  • Provide day-to-day care for the child
  • Make decisions about education
  • Consent to medical treatment
  • Decide where the child lives
  • Manage the child's property and finances (unless trustees appointed)

Choosing a Guardian

Consider:

  • Their relationship with your children
  • Similar values and parenting style
  • Age and health
  • Financial situation (you can leave money for child's care)
  • Where they live and stability

Common questions

What happens if I don't appoint a guardian?
The court decides, which may not reflect your wishes. Family members would apply but there's no guarantee who'd be chosen.
Can both parents appoint the same guardian?
Yes, this is ideal. If parents appoint different guardians and both die, the court may need to decide.
Does my ex need to agree to my guardian choice?
No, but your guardian only takes over if no one with parental responsibility survives. If your ex survives, they have priority.
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