Appointing a guardian

Can I appoint a guardian? What is the importance of appointing a guardian? Who should appoint a guardian? What does it mean to be appointed guardian? If both parents have parental responsibility, the guardianship will not take effect until the death of the surviving parent.

This role includes looking after and making decisions for your children. Fill in the online form Specifying your requirements 2. Review your Will Before you pay! Appointing Guardians 1. Make Payment Only once you are happy 4. If both parents die before appointing a guardian , the courts will be left to approve who takes care of them. This will usually be a close relative, but it may not necessarily be the person you would choose. If a person is taking the trouble to make a will, it is sensible for them to choose their own executors.

If a trust is created under the terms of the will, then the testator must appoint both executors to manage,. When this happens, a Guardian is appointed for the children to give the court an independent view of what has been happening. Guardians are professionally qualified social workers with considerable experience of working with children and families.

They do not work for the local authority which is involved in your case. The court officer must serve the application. A guardian is the person legally responsible for looking after your children if you die before they turn 18.

It also explains how to revoke or end an appointment. Children under have to have someone with parental responsibility for them. Free trialAlready registered? If it is not the parents, or one of them, then there will be some other person appointed as the child’s guardian. For more information, please see our page Parental responsibility.

Many people use their will to appoint guardians for their children. Here are a few tips: Ask the chosen guardian for permission first! It’s important the person you appoint is willing and genuinely ready to. You can appoint more than one guardian. Make sure they will co-operate with each other, though.

It’s a good idea to have a back-up guardian. The appointment must be in writing, signed and dated. It is good practice to appoint guardians in your Will because a Will is less likely to be forgotten or mislaid after death than a separate, less formal document. The Children’s solicitor will usually take their instructions from the Children’s Guardian. Courts generally have the power to appoint a guardian for an individual in need of special protection.

A guardian with responsibility for both the personal well-being and the financial interests of the ward is a general guardian. A person may also be appointed as a special guardian , having limited powers over the interests of the ward. If a child is made a party to proceedings then a children’s guardian will very often be appointed to safeguard the interests of the child.

The cost is covered by public funds so there is no cost to the parties in proceedings.