Guardians for Children
Everything you need to know about appointing guardians for your minor children in your Will.
Last updated: 1 December 2024
Why Appoint Guardians?
If you have children under 18, one of the most important decisions you can make is choosing who will care for them if you die. A guardian is someone who takes on parental responsibility for your children and makes decisions about their upbringing.
Without a Will naming guardians, the courts will decide who raises your children. This may not be the person you would have chosen, and the process can be lengthy and stressful for your family.
What Does a Guardian Do?
A guardian takes on many of the responsibilities of a parent, including:
- Providing day-to-day care and a home for your children
- Making decisions about their education
- Consenting to medical treatment
- Managing their religious and moral upbringing
- Protecting and maintaining their property until they are 18
- Acting in their best interests in all matters
Who Can Be a Guardian?
Any adult (18 or over) can be appointed as a guardian. There are no formal qualifications required, but you should choose someone who:
- Shares your values and parenting philosophy
- Has a good relationship with your children
- Is willing and able to take on the responsibility
- Has the practical means to care for additional children
- Is likely to be around for the duration of your children's minority
Choosing the Right Guardians
Things to Consider
- Location: Would your children need to move schools or away from friends?
- Family situation: Does the guardian have children of a similar age?
- Age and health: Will they be able to care for children long-term?
- Values: Do they share your views on education, religion, and discipline?
- Relationship: How well do your children know and like them?
- Financial stability: Can they afford to raise additional children?
Common Choices
- Grandparents (consider age and health)
- Siblings (aunts and uncles to your children)
- Close family friends
- Godparents
How Many Guardians Should You Appoint?
You can appoint:
- One guardian: Simpler but no backup if they cannot act
- Two guardians (a couple): Often the natural choice, as children can live with a family unit
- Substitute guardians: Backup choices if your first choice cannot act
We recommend appointing substitute guardians in case your first choice is unable or unwilling to act when the time comes.
Important Points to Remember
- Both parents must die: Guardians only take effect if both parents with parental responsibility have died
- Always ask first: Never appoint someone without discussing it with them first
- Letter of wishes: Consider writing a letter explaining your parenting values and wishes
- Financial provision: Ensure your children will be financially provided for through your Will
- Review regularly: Circumstances change, so review your choice periodically
Guardians and Finances
Guardians are responsible for your children's welfare, but you may want to keep financial matters separate. Consider:
- Setting up a trust for your children's inheritance
- Appointing different trustees to manage the money
- Specifying how funds should be used for your children's benefit
- Setting an age at which children receive their inheritance outright
What Happens If You Do Not Appoint Guardians?
If both parents die without naming guardians:
- The court decides who should care for your children
- Family members may apply for a Special Guardianship Order
- The process can be lengthy, stressful, and contested
- Children may be placed in temporary foster care during proceedings
- The court may not choose the person you would have wanted
Ready to get started?
Our online service makes it easy to create legally valid documents from the comfort of your home, with expert guidance at every step.