Important Considerations for Appointing a Legal Guardian in Your Will

In my experience of dealing with parents of minor children, appointing Legal Guardians has alwayspro...

In my experience of dealing with parents of minor children, appointing Legal Guardians has always
proved a potential stumbling block for many. I believe this to be because a lot of people are looking
for perfect scenario when in reality maybe perfection doesn’t exist. Instead I believe parents should
be looking for a solution and below I have identified some tips to help them do that.

One of the most important yet hardest decisions a parent can make is appointing a legal guardian
for their minor children in the event of their death. It’s a decision that understandably requires
careful thought and consideration, as the guardian will assume the responsibility of raising and
caring for your children. Appointing a legal guardian through your Will ensures that your wishes are
clearly stated and legally binding and crucially gives clarity.

Below are the essential factors for parents with minor children to consider when selecting a Legal
Guardians for their children.

1. Compatibility and Shared Values: When choosing a legal guardian, it’s essential to consider
   their compatibility with your parenting style and sharing the same values as you. Look for
   someone who shares your beliefs around how a child should be raised, educational goals,
   and moral values. They should absolutely be someone you trust to raise your children in a
   manner consistent with your own values, providing them with the love, guidance, and
   support they need.
2. Emotional Bond and Relationship: Consider the emotional bond and relationship your
   children have with potential guardians. It’s important to select someone with whom your
   children feel comfortable and have an existing bond. This person should be able to provide a
   nurturing environment and maintain a stable and loving relationship with your children. This
   is so important especially considering this appointment would only take affect in the
   scenario where the children have lost their parents.
3. Parenting Ability and Stability: Evaluate the parenting ability and stability of potential
   guardians. Look for people who have demonstrated their capability to care for children
   responsibly and have a stable lifestyle. Consider factors such as their financial situation,
   employment stability, and emotional well-being. Ensure they can provide a safe and secure
   home environment for your children.
4. Age and Health: While age should not be the sole determining factor, it is worth considering
   the age and health of potential guardians. While older guardians can bring wisdom and
   stability, ensure they have the physical and mental capacity to care for your children
   throughout their formative years. Younger guardians, on the other hand, may have the
   energy and enthusiasm to keep up with the demands of raising children. We understand
   that this is probably the biggest point that would need to be reviewed .
5. Location: Think about the location and proximity of potential guardians to your extended
   family, friends, and support network. Consider the impact of uprooting your children from
   their current social and educational environment. Choosing a guardian who resides in close
   proximity to familiar surroundings can provide a smoother transition for your children during
   a challenging time. Sometimes this cannot be helped and whilst there would never be an
   easy age for this to happen, it may be easier to move a younger child who may not be at
   school etc than a 15 year old child who may be more settled in their environment.
6. Communication and Agreement: It’s crucial to communicate your decision with potential
   guardians before appointing them in your will. Discuss your expectations, values, and hopes
   for your children’s future. Make sure they are willing to take on the responsibility and have a
   clear understanding of the role they would play in your children’s lives. Obtaining their
   consent and ensuring they are fully committed to the task is vital.
7. Contingency Plans: In your will, it’s wise to include a back up provision in case the
   appointed guardian is unable or unwilling to fulfil their role. Nominate alternative
   guardians, ensuring you have identified a backup plan to protect your children’s well-being.
   It is also worth considering a provision for regular reviews of the guardianship arrangements
   to accommodate any changes in circumstances.

Appointing a legal guardian for your children is a significant decision that requires careful thought
and consideration. By evaluating factors such as compatibility, emotional bond, parenting ability,
location, and communication, you can select a guardian who will provide a loving and stable
environment for your children. Remember to consult with legal professionals to ensure your wishes
are properly documented and legally binding. Professionals like the team at Soteria Planning help you know that you have taken steps to protect your children’s future and well-being.

If you have any questions about the appointment of legal guardians within your Will and you’d like us to run through anything with you or appoint people within your Will, reach out and have a conversation with our friendly and professional team.