A Guide for Guardians

You will only assume the role of guardian upon the death of both parents or the person(s) with parental responsibility for the child. If there is only one parent left alive, your role will begin after their passing, provided the Will names you as a guardian.

The parents must have named you as a guardian in their Will, and this appointment will automatically take effect unless challenged in court.

As a guardian, you will have parental responsibility, meaning you have the legal authority to make decisions in the child’s best interest. This includes:

• Providing a stable home environment
• Ensuring the child receives proper education and healthcare
• Managing the child’s finances, where applicable

You should always act in the best interests of the child, both emotionally and financially, until they reach the age of 18.

Guardians are often provided with financial support through the deceased’s estate. This can include:

• Funds left in trust for the child’s upbringing
• Property or assets designated for the child’s benefit

As a guardian, you may also be entitled to government support, such as Child Benefit or other assistance. The Will may specify how the child’s financial needs are to be managed, often through trustees who will oversee the child’s inheritance.

If the Will appoints trustees to manage the child’s inheritance or financial affairs, you will need to work closely with them. Trustees are responsible for managing the financial aspects of the child’s estate, while you, as the guardian, will focus on the child’s day-to-day care.

It’s important to maintain clear communication with trustees, especially regarding financial decisions related to the child’s welfare.

As the child’s legal guardian, you will have the right to make significant decisions in their life, such as:

• Choosing where they live
• Deciding on their education (which school or university they attend)
• Managing healthcare and consent to medical treatment
• Supporting their development and future opportunities

Taking on the role of a guardian is a major commitment. It’s important to be prepared:

• Discuss with the parents: If possible, discuss the appointment with the parents before they pass away. This ensures you are clear about their wishes for their child.
• Understand your duties: Be aware of the practical, emotional, and legal responsibilities you will take on.
• Plan financially: Make sure you understand how the child’s financial needs will be met, whether through the parents’ estate or other sources of support.

Losing both parents is an extremely difficult experience for any child. As their guardian, your role goes beyond legal duties; it also involves providing emotional support and a sense of stability. You may need to:

• Help them process their grief and loss
• Offer a nurturing and supportive environment
• Seek professional counselling or support services if necessary

If you are unable to take on the role of guardian when the time comes, it’s essential to communicate this to the family or trustees as early as possible. The court may then appoint another suitable guardian. You can also legally renounce your role as a guardian if you feel unable to carry out the duties.

While you will have parental responsibility for the child, the court may become involved if there is a dispute over guardianship or if other family members challenge the Will. It’s important to be prepared for any legal challenges and seek legal advice if needed.