Why Appoint a Legal Guardian?
On average in the United Kingdom, a child loses a parent once every 30 minutes. The loss of a parent is devastating enough for a child, but they may also find they have to move home or change school, losing touch with friends and the stability of their environment.
Whilst it can be disturbing to consider such eventualities, it is critical that parents make plans which protect the future security of their children by appointing a Legal Guardian who can
‘step into their shoes’ and ensure that their children are cared for as they would wish.
What Happens When a Parent Dies?
This depends upon individual circumstances. If the child’s parents are married and one parent remains, then naturally, this parent will maintain responsibility for the child. However, in many instances it isn’t as simple!
Co-habiting parents, single parent families and broken families are commonplace and unless the mother appoints him, then the unmarried father will not automatically become the guardian of his natural child should the mother die, even if they are living together.
If there is no surviving parent, and no appointment of a guardian has been made, then the child becomes the responsibility of the courts. A judge will decide who will be appointed as guardian, this could be someone who you would not consider suitable yourself.
Until such time that the judge appoints a guardian, the child may be taken into care, siblings may be separated temporarily or permanently.
The decision of whether to appoint a legal guardian is simple; every caring parent must do so.
Appoint Guardians for your Children
The appointment of a guardian is normally made by drafting a will, as it deals not only with the guardian, but the related financial arrangements including where your child will live. Over 70% of parents do not have a will, so if you haven’t then you are not alone. However, this is one instance where it is better to be in the minority.
In our experience most parents already understand the importance of appointing a guardian, and they know they should make a will. However, they are often put off by the high cost and inconvenience of having to visit a solicitor during working hours.
Our Estate Planning Service has been designed to enable you to make your arrangements without significant cost, and at a time which is convenient to you. Our specialist advisers have significant experience in guiding parents through this process.