Acting as a Guardian

Why has someone appointed a guardian?

A parent can use their Will to nominate the person they would like to care for their children if they die while the children are still under 18.

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Being chosen as a guardian is a significant expression of trust. It means the parent believes you would be able to provide their child with a safe, stable and loving home if the appointment ever needed to take effect.

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It is an important role, but it does not mean that anything is expected of you now.

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Do I need to do anything now?

Usually, no. Your appointment only becomes relevant if the circumstances set out in the Will arise.

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For now, it is simply useful to know that you have been appointed and to have a general understanding of the parent’s wishes.

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It can also be helpful to keep in touch with the family and let the parent know if your own circumstances ever change and you no longer feel able to act.

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What would a guardian do?

If your appointment took effect, you would generally take responsibility for the child’s day-to-day care and upbringing.

This may include decisions about:

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• where the child lives;

• education;

• health and general welfare;

• routines and activities;

• maintaining important family relationships; and

• supporting the child as they grow up.
   

The exact arrangements will always depend on the circumstances at the time.

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Would I also control the child’s inheritance?

Not necessarily. A guardian is responsible for the child’s care, but any money or property left to the child may be managed separately by the trustees of the Will.

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This can be helpful because it keeps the roles separate: the guardian focuses on the child’s wellbeing, while the trustees look after any inheritance until the child is old enough to receive it.

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Why is appointing a guardian important?

For parents with young children, a Will is not just about money.

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It is also an opportunity to record whom they would want to care for their children if the worst happened.

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Without a valid guardian appointment, decisions about a child’s future may ultimately need to be made through the courts, particularly if there is disagreement within the family.

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Making a Will allows parents to make their wishes clear while they are able to do so.