Guardianship of children

One of the most important aspects of Estate Planning for parents of minor children is nominating a guardian. This ensures your minor children are cared for by someone you trust if you are no longer able to.

What Is a Guardian?
A guardian is someone you nominate in your Will to care for your children if you pass away before they turn 18. This person will be responsible for their upbringing, including decisions about their living arrangements, education, healthcare, and overall well-being.

Why Is Appointing a Guardian Important?
By appointing a guardian, you ensure that your minor children are raised by someone you trust. Without a named guardian in your Will, a court may appoint someone, which may not align with your wishes. Choosing a guardian gives you peace of mind that your minor children will be cared for according to your values and preferences.

Key Considerations When Choosing a Guardian
When selecting a guardian, you may wish to consider the following factors:

1. Relationship with Your Children: Choose someone your minor children know and trust, who understands their needs and can provide emotional support.

2. Parenting Style: Consider whether the guardian's values and approach to raising children align with yours (e.g., education, discipline, lifestyle).

3. Age and Health: Ensure the guardian is physically, mentally, and emotionally capable of raising your minor children for the long term.

4. Location: Consider how a move to a new area might affect your minor children’s schooling, friendships, and overall stability.

5. Financial Responsibility: While you can leave funds to support your minor children, it’s important that the guardian is financially responsible and able to manage these resources.

6. Willingness: Have a conversation with your chosen guardian to confirm they are  willing to take on this responsibility.

Can You Appoint More Than One Guardian?
Yes, you can appoint multiple guardians to act jointly or name a substitute if your first choice is unable or unwilling to act. Joint guardianship can be effective if you trust both people to work together. However, it’s important to consider whether they’ll agree on major decisions.

Financial Support for the Guardian
You can set aside funds in your Will to help the guardian cover the costs of raising your children, including education, extracurricular activities, and healthcare. To provide guidance on how these funds should be used, you may wish to include your wishes in a separate letter of wishes, which is flexible and helps guide the guardian’s decisions.

What If Circumstances Change?
Your choice of guardian should be reviewed periodically, especially after major life events such as:

• The birth of another child.

• A change in your relationship with the appointed guardian.

• Significant changes in the guardian’s circumstances, such as health, location, or financial stability.

Regularly updating your Will ensures your decision remains current and aligned with your family’s situation.

What Does a Guardian Do?
Once appointed, the guardian will act in place of you as the parent until your child turns 18. They will make key decisions regarding your child’s education, healthcare, and day-to-day life. If you’ve also appointed a trustee to manage your child’s inheritance, the guardian may work alongside them to ensure the funds are used appropriately.

Need Help?
Appointing a guardian is a vital part of protecting your children’s future. By thoughtfully considering your options and making provisions for their financial support, you can ensure your minor children are well-cared-for if the unexpected happens.

If you need assistance with nominating a guardian for your minor children or reviewing your Estate Planning, please feel free to contact Wills and Succession Lawyers.