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07th April 2020

Appointments of Guardians

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The loss of a parent is never easy, however if the parent has a child, or children, under 18 then there is a need to prepare for who will look after them. This is something you can provide for in your will (or by a separate document signed in the same way as a will) by appointing guardians. The guardian will have parental responsibility for the child which means that the guardian is responsible for making important decisions about the child’s welfare including decisions about schooling and medical treatment.

It is useful to make such an important decision in a will which is a formal document and is unlikely to be overlooked in the event of your death. It is only in a will you can make financial provision for the guardians.

The guardians you appoint in your will can only act if your child is under 18 when you die and there is no other parent with parental responsibility for the child surviving. If the other parent survives you, the guardians you have chosen can only act after the other parent has died. At that time your guardians may have to act together with any guardian appointed by the other parent.

We can advise you on the range of options available in relation to the appointment of guardians, financial provision for your children and their care. If you are concerned about what may happen to your child(ren) after your death and are involved in family law proceedings we are experienced in liaising with family lawyers to ensure that all relevant points are considered.

For more information please contact Emma Satterly on 01223 461155 or click here to email Emma.