Have you ever thought about who would look after your children if you and your partner were unable to?
Not being around to care for the children is not something you are likely to want to think about but the consequences for them could be devastating if you don’t.
Can older siblings be appointed as guardians?
The decision on who to appoint as a guardian is not to be taken lightly, there are many things to consider.
If your younger children have siblings who are over the age of 18 they can be appointed as guardians to their brothers and sisters.
Guardians are given full parental responsibility which extends beyond providing a home and care. All decisions regarding their charges fall to them, decisions such as which school to attend, consenting to medical treatment, moral and religious guidance …… the list is endless. The role naturally comes with a huge responsibility, one a young adult may not be emotionally or financially equipped to deal with. In addition, the guardian’s life will change drastically with the responsibility. You should also consider that the older sibling might not want to take on this role or be in a position to do so. So, while it might feel like the obvious solution to appoint an older sibling as guardian, it might not be the right decision for them or your younger children.
As a Will writer, these are the sorts of decisions I would urge you to think about. If you don’t appoint a guardian or if the appointed guardian was unable or unwilling to take on the responsibility, the children could be taken into care while the courts decided who should care for them.
Can a guardian who lives abroad be appointed?
Guardians who live abroad can be appointed but there are several things to be taken into account before you make this decision.
If your children were born in the UK would living abroad be right for them?
Pre-school and very young children would undoubtedly adapt but older children might it difficult, especially teenagers. Being taken away from established friendship groups and moving to a new school at an already traumatic time would not be an easy transition. You may also need to consider things like visas and residency. The children might not be able to move until these things are settled so you could need to appoint a temporary guardian.
Do fathers automatically have parental responsibility?
A father will only have automatic parental responsibility for the following reasons:
- If he was married to the child’s mother at the time the child was born.
- If he had married the child’s mother at any point after the child was born.
- If he is on the birth certificate having jointly registered the birth with the mother.
- There is a PR agreement granting him parental responsibility.
When the mother does not want the father to have the children on her death
Provided the father has parental responsibility and there are no child arrangements order in place he would become the legal guardian, despite the mother’s wishes and even if she had appointed guardians.
Although there is nothing that can be written into a Will to change this. If a mother had concerns over the father’s ability to take over as guardian she could write a letter of wishes to go with her Will which could include details of anyone she wanted to become the children’s guardians. This letter could include some guidance for the guardians encouraging them to apply to the courts and explaining why. The final decision would be down to the courts.
Guardians for disabled adults
It is not possible to name guardians for adults in a Will. However, it can be stated in a non-binding expression of wish.
Leaving money to the guardian to be used for the children
While it is possible to leave a financial gift to a guardian, if it is specifically for the care of the children, the money would be best placed in trust for them. Leaving an outright gift of money in a Will would not guarantee that it was spent exclusively on the children, it could be spent on anything! The guardian could also step down after accepting the financial gift.
If you need advice on any aspects of Will writing please contact us here: https://beesandco.com/contact/
