THE ROLE OF A GUARDIAN
The act of appointing Guardians when a Will is made ensures that young children do not have to be placed into care until the Court appoints official Guardians to look after them, saving the children and family members from further distress at such a difficult time.
The role of a Guardian is a very important one. When you are appointed as a legal guardian you are responsible for the wellbeing and safety of those children under your guardianship. Being a Guardian includes making sure that the children are fed, clothed, attend school and looked after in the same way they would be if their parents were around to do so. It will be your responsibility to ensure that they are properly supervised throughout their lives until they reach adulthood.
The role of a Guardian is a very responsible one and should not be entered into lightly. There will be financial, social and emotional implications when taking on such a vast role and the matter should be discussed in detail between the Testator and the appointed Guardians.
ROLE OF A GUARDIAN
When making a Will, one of the most important decisions you can make is appointing a Guardian for your children. This ensures that if anything happens to you, your children won’t be left in temporary care while the courts decide who should look after them. It can prevent unnecessary distress at an already difficult time.
What Does a Guardian Do?
A Guardian takes on the legal role of a parent if both of a child’s parents pass away. This means they are responsible for:
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The child’s daily care and wellbeing
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Ensuring the child is fed, clothed, and attends school
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Providing a safe and loving environment
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Supporting the child emotionally, socially, and financially
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Making important decisions on the child’s behalf until they reach adulthood
It’s a Big Responsibility
Appointing someone as a Guardian should never be taken lightly. It’s a serious commitment with emotional, financial, and practical considerations. That’s why we always recommend discussing this thoroughly with the person you’re thinking of naming in your Will.
Things to consider:
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Will they be emotionally ready to step into a parental role?
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Are they financially stable—or will you have financial support in place for the children?
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Do their values and lifestyle align with your own?
Many parents put financial protection in place, such as life insurance or trusts, to help support their children and the Guardians who care for them. In some cases, Guardians may be eligible for child benefit or a Guardian’s allowance if both parents are deceased.
Key Points to Keep in Mind
✅ Appoint Guardians in your Will – or the courts will decide who looks after your children
✅ Ensure the Guardian is willing and able to take on the role
✅ Financial provision should be made to support your children’s upbringing
✅ Consider the Guardian’s age, health, and long-term stability
✅ Appoint more than one Guardian where possible, in case circumstances change
✅ Encourage Guardians to make their own Will for extra protection
Who Should You Choose?
Most people appoint close family members—especially for very young children. However, as children grow older, friends who share your values and parenting style might be more suitable.
It’s generally a good idea to:
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Appoint more than one Guardian
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Choose the same Guardians for all of your children
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Make sure both parents (where possible) appoint the same individuals in their Wills
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Get the Guardian’s consent before including them in your Will
Special Situations to Be Aware Of
Family circumstances aren’t always simple. The law has special rules in cases where parents are:
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Unmarried
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Separated or divorced
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Living abroad
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Mentally incapacitated
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In prison or unable to care for the child
In most cases, Guardians only step in once both parents have passed away. However, there are situations where a Guardian may be required earlier—especially if the surviving parent is unable or unwilling to take responsibility.