Guardians for minors

Financial Planning

Ordinarily, a child’s surviving parent will automatically be the child’s guardian. However, it is necessary to make provision for circumstances in which both parents die at the same time.

There may also be instances in blended families where each Testator of a current couple may have different Guardianship appointments.

What are the powers and responsibilities of a guardian? 

A guardian is responsible for the daily and long term care and welfare of your child and for making important lifestyle decisions on their behalf. The guardian must ensure that the child is adequately housed, clothed and educated. The guardianship of minor children is an important and often onerous task and the appointment should be thought through carefully.

You should discuss the appointment with your intended guardian and consider carefully whether:

• they are prepared to accept the responsibility

• they are of a similar age to you, and

• they understand your views on how you wish your children to be raised.

You may include in your Will (or in a separate Letters of Wishes) an outline of any specific factors you want your guardians to consider in the raising of your children.

A guardian does not have any control over, or power regarding, the assets of your estate or potential trust funds that are established for your children under your Will. The executor or trustee you nominate in your Will has this responsibility. While this separation of duties may act as an effective ‘check and balance’, it is important that the executor/trustee and guardian are able to communicate easily and work together in the best interests of your children.

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