Acting as a Guardian
- pete68737
- May 6
- 2 min read
When creating a Will, one of the most important decisions parents can make is who will care for their children should the worst happen. Appointing a guardian gives peace of mind that, in the event of your death, your children will be cared for by someone you trust. For those named as guardians, it is both a great honour and a serious responsibility.
What is a Guardian in a Will?
A guardian is a person chosen to take over parental responsibility for a child if there is no one else with parental responsibility alive when the parent dies. The appointment of a guardian in a Will takes effect only on the death of the parent(s).
Naming guardians in your Will ensures you decide who will care for your children, rather than leaving the decision to the courts or local authorities.
When Does a Guardian’s Role Begin?
A guardian’s legal role only begins if there is no surviving person with parental responsibility for the child. This could happen if both parents pass away or if the other parent does not have parental responsibility.
Once appointed, the guardian has full legal responsibility for the child until they turn 18. This includes decisions about:
Where the child lives
The child’s education
Healthcare decisions
Day-to-day upbringing and welfare
Responsibilities of a Guardian
Being a guardian involves stepping into the parental role. Some of the key duties include:
1. Providing a Safe and Loving Home
The guardian will need to provide a secure, nurturing environment for the child to grow up in, meeting their emotional and practical needs.
2. Making Important Life Decisions
Guardians are responsible for key decisions about the child's health, education, and religious upbringing.
3. Managing Finances
If funds are left for the child in the Will, the guardian may be involved in managing or using these funds for the child's benefit — although often a separate trustee is appointed for this role.
4. Supporting the Child through Bereavement
The guardian will need to help the child cope with the loss of their parent(s), which can be an emotionally challenging task.
Considerations Before Accepting the Role
Being asked to be a guardian is a sign of trust and respect, but it is also a major commitment. Before accepting, it is important to consider:
Your own family situation and resources
Your relationship with the child
The child’s likely needs (education, location, special needs, etc.)
Whether you would be willing and able to take on the role
Guardianship can have life-changing implications, so open discussions with the parents before agreeing are essential.
Have You Appointed Guardians for Your Children?
Choosing guardians is one of the most important parts of planning your Will if you have young children. Without clear instructions in your Will, the decision about who cares for your children could be left to the courts.
If you haven’t yet made a Will or appointed guardians, now is the time to act. Protect your children's future and ensure they are cared for by the people you trust most.
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