Appointing A Legal Guardian To Protect Your Child’s Future

As a parent I worry about lots of things. If my daughter will take care when crossing the road? Whether she is old enough to meet her friends at the shopping centre on her own? Whether she is responsible enough to save (or spend wisely) the money that is gifted to her? All of these things and many more play on my mind every day. To help prepare my daughter for her growing independence I teach her what I can and together we put plans in place that will hopefully protect her, or give her the means to protect herself.  This gives me a certain amount of peace of mind and takes a touch of worry away.

However, I also worry about bigger matters (that I try not to think about too often) – such as what will happen to my daughter if either my husband or I die when she is young? Our daughter is still dependent on us (even if she believes she isn’t) and I know that we need a plan in place so she is looked after if we're not around to do it ourselves.

What can you do to protect your children’s future?

As a parent, it is difficult to imagine someone else bringing up your children. In a survey conducted by the National Children's Bureau, most parents said they found the idea ‘upsetting’ and too hard to think about.

For couples, while it’s probable that the surviving parent will support the children, it is still worth making arrangements for the chance of both parents dying. If you and your partner die without making guardianship arrangements, lots of your friends or family could come forward to look after your children. But unless you have left clear instructions, the courts could appoint someone you’d have never chosen to look after them. The sad news is, that while their future is being decided (which in some cases can take a long time), your children could be taken into care.

If you and your partner are unmarried, it’s important to know that, if the mother dies – the father does not automatically have responsibility for the children. A mother automatically has parental responsibility for her child from birth. A father usually only has parental responsibility if he’s either:

  • married to the child’s mother
  • listed on the birth certificate (after a certain date, depending on which part of the UK the child was born in)

So if you are unmarried, the mother must look into formally granting parental rights to the father.

For single parents, it is especially important to have a plan that indicates what you want and what you know is essential for your child. If the child’s other parent does not have parental responsibility and you have no guardianship arrangements in place, your child may be taken into care if you passed away.

For separated or estranged parents, it is crucial to be clear about guardianship – it may be that it would be inappropriate for a child to live with an estranged parent. However, if that parent is named on the birth certificate and so has parental responsibility, they may be thought to have a right to bring up the child if you were to die: you need to make your wishes clear to guide any legal case. For example, a loving stepfather who has brought up a child for many years or a live-in grandmother does not automatically have guardianship over a father who never sees his child.

To make sure your children are cared for by the people you choose is simple. Just make it clear, formally in writing. Any parent with ‘parental responsibility’, or both parents with ‘parental responsibility’ together, can appoint a guardian.

How to appoint a legal guardian

The easiest way to do this is in a will. Many wills include a section on guardianship for young children.

It is possible to leave a simple signed statement of wishes on the matter of guardianship; however, including arrangements in your will should make the process simpler in the event they are required.

Deciding on guardians need not be a one-time-only decision. The right guardians for your child may change over time and guardianship can be changed whenever you want while you are still alive. For example, the 6-year-old who is very close to cousins who live 100 miles away; when aged 14, may need to stay nearer to school and so living with a friend’s parents may be a better choice at this age.

When appointing a legal guardian, it is also a good idea to nominate a second person – just in case your first choice can’t accept the responsibility.

Remember to let whoever you choose know what plan you have in mind. It may seem an obvious choice to you, but they could have no idea that you have them in mind – and they may not be willing to take on the responsibility in the way you are hoping!

We believe in the importance of parents making plans in case they die while their children are still dependent. Practical jobs, such as making a will, planning guardianship and having life insurance can take some of the uncertainty out of life after a parental death.

Thinking about things like life insurance is an important part of planning for your child’s future, but it needn’t be a stressful one. Let us help you by answering any concerns you have about life insurance. To get advice or a quote today – call us on 0800 612 8005.