Why should I appoint legal guardians in my Will?

It is sometimes common misunderstanding that if you and your partner were to pass your children would automatically be looked after by your close family or relatives. This is not true – if your children are minors (i.e. under 18 years of age) and you do not appoint legal guardians for your children following your death then the decision regarding who they live with will pass to the Court.

Anyone can apply to look after your children and as a worst case scenario your children could end up in Local Authority care while the process of choosing a guardian goes ahead. If there are no suitable guardians your children could end up in care until they are 18.

What is a Legal Guardian?

A Legal Guardian is someone appointed by you who assumes full parental responsibility of your children should you pass away.

The guardianship only takes effect upon the death of both parents – not before. Anyone over the age of 18 who is of full mental capacity can be appointed as a guardian to look after your children and whilst most appoint two guardians for their minor children; you can appoint up to four.

Who should I appoint?

When thinking about who to appoint as guardians for your children it is important to consider your reasoning. You may wish to think about:-

• Their parenting style and beliefs
• If they would be good role models
• If they already have children
• Are the financially capable of taking responsibility?
• If your children would have to move away from their current environment
• And others

Once you have thought about the above and come to a final decision we can incorporate these wishes into your Will.

How do I appoint a Legal Guardian?

The most common way you can appoint a guardian is in your Will. Our Team of experts will insert a clause specifically appointing your chosen guardians in your Will which will ensure your wishes are carried out on your death.

By incorporating these wishes into your Will you can be reassured with a sense of security in writing that your children will be able to continue with their lives as normally as possible and be cared for by someone you can trust.

For advice on Wills, or any other Wills, Lasting Power of Attorney or Probate matter contact our team on 0800 015 0340 to arrange an initial free half hour appointment at any of our offices in Huddersfield, Halifax, Wakefield, Horbury, Leeds, Pudsey or Morley.