Sep 2024
Nearly two-thirds of adults have not designated a legal guardian for their minor children in their Will. This is a crucial aspect of estate planning that many parents overlook. Without a named guardian the courts will decide who should care for the children, which could result in outcomes that may not align with the parents’ wishes. This article explores the importance of appointing a legal guardian in a Will and outlines the steps parents can take to ensure their children are cared for in accordance with their values and preferences.
The impact of COVID-19 on Children and the Importance of Guardianship
Research published in The Lancet highlights the global impact of the COVID-19 pandemic on children, and reveals that over a million children worldwide lost one or both parents between March 2020 and April 2021. In England and Wales, 8,886 children lost a primary caregiver during the height of the pandemic. Losing a parent can lead to family separation and the potential for children to be placed in institutional care, which can negatively affect their social, physical and mental development. This risk also applies to when a child loses a single parent through illness or accident. Therefore it is crucial to appoint a legal guardian in your Will to ensure your children are cared for in a manner consistent with the wishes of the parent.
The Role and Responsibilities of a Legal Guardian
A legal guardian takes on the responsibility of a child’s safety and well-being if the parents pass away. This role includes ensuring the child attends school, has a place to live and is provided with food, clothing and general care. The guardian’s responsibilities last until the child reaches adulthood.
Taking on the role of a guardian is a significant commitment which comes with financial, social and emotional responsibilities. It is crucial to discuss the role in detail with the proposed guardian to ensure they are prepared for this commitment. While guardians are not typically required to provide financial support for the children, it is important to consider financial planning such as life insurance, to support the children’s upbringing.
Who Can Be Appointed as a Legal Guardian in Bermuda?
Most parents tend to appoint family members as guardians, especially when the children are very young. However as children grow older, friends who share similar values and lifestyles may be more appropriate choices. It is essential to discuss the role of legal guardianship with the proposed guardian to ensure they are willing and able to take on the responsibility.
The courts may appoint a guardian for the children if the parent does not name on in their Will, and this may not align with the parents’ preferences. By appointing a guardian in the Will, parents can ensure a smooth transition of care for their children without the need for lengthy legal processes.
How to Appoint a Legal Guardian
To appoint a legal guardian, a parent must name them in the Will. Here are the steps to follow:
- Decide on the Number of Guardians: Determine how many people a parent wants to share the responsibility of caring for the children.
- Choose the Guardians: Discuss the role with the individuals a parent wishes to appoint to ensure they are willing to take on the responsibility.
- Include Their Names in Your Will: Clearly state the names and relationships of the chosen guardians in your Will.
- Ensure the Will is Legally Valid: Sign the Will according to legal requirements to ensure it is valid.
- Store the Will Safely: Keep the Will in a safe place where it can be easily found after death. If a lawyer writes the Will, they may store the original document.
Other Considerations When Appointing Guardians
Guardianship appointments typically take effect after the death of the second parent. It is usually easier if both parents appoint the same guardians in their Wills. When selecting a guardian, consider their age and health to avoid potential issues. It’s also advisable to appoint more than one guardian or have a substitute in case the first choice cannot fulfil the role.
If a guardian is needed when only one parent has died, complications can arise especially if the surviving parent is abroad, unable to care for the children, or unwilling to take on parental responsibilities. The court may need to intervene in cases where appointed guardians disagree and this can be costly.
In conclusion, appointing a guardian is a critical decision which ensures the future well-being of parents’ minor children. Since a guardian’s role mirrors that of a parent, it is crucial to seek their consent before appointing them. When choosing a guardian, ensure adequate financial provisions are in place and that the guardian’s age and relationship dynamic will work for the children. By carefully selecting and legally designating a guardian, a parent can provide their children with stability and care which aligns with their values.
Need Help?
Understanding the role of a guardian and considering all aspects can be challenging. Conyers is here to guide you through each decision to ensure the best outcomes for you and your children. For more guidance, please reach out to the author or your usual Conyers contact.