Nominating Guardians for Your Children

8th January 2018

Nominating Guardians for Your Children

Imagine the worst was to happen next year or next month, have you made arrangements to nominate Guardians of your children?

What does the Guardianship do for your children?

Guardianship for your children ensures that they will be taken care of by the person that you nominate as their Guardian.  If you don’t write a Will and don’t set up a Guardianship, then the court will make that decision for you.  So, it is very important for you, as parents, that you get to make that choice. The parental responsibility flowchart shows the importance of appointing a legal guardian for your child/children.

Choosing the perfect Guardian

When considering who to appoint as legal guardian for your children, you will need to consider the following:

  • How do I feel about their values and parenting skills?
  • Are they able to offer a stable family environment?
  • What is the quality of their present relationship with my child/children?
  • Are they willing and able to handle the responsibility of caring for my child/children on a long-term basis?

To put this into a formal document which is recognised by the courts, you will need to write a Will.

If I want to write a Will how do I go about it?  What ways can I do it?

You can go online, there are services that allow you to do it yourself, or you can go to WH Smith to get a Will writing pack. However, if there is a problem with that Will it can be invalid. Therefore, it’s not deemed fit for purpose at all. You can go to a Will writer* or a solicitor, both of whom are qualified to do that Will for you.  The fees and charges will be more, but it is worth it to have peace of mind that the document is legal and valid, and to know that your wishes will be carried out is priceless.  It is also worth asking what they charge for storage, witnessing, etc.

*Will writing is not currently regulated by the FCA

Information, Wills
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