Note by Thomson Reuter’s Practical Law Private Client Team on the appointing of guardian in wills

Note by Thomson Reuter’s Practical Law Private Client Team on the appointing of guardian in wills

  • The Practical Law Private Client Team at Thomson Reuter's has released a note explaining how parents can appoint guardians for minor children in their wills
  • The note covers both simple and more complicated appointments
  • An appointed guardian will be given parental responsibility for the child, entitling the guardian to making important decisions about the child's life. Including for example areas such as education and medical treatment.
  • If the parents do not appoint a guardian for their child and if they both then die it will be down to the court to appoint a guardian.
  • Informal agreement between the parents and friends or relatives over who will look after the child if they die will not give the friends of relatives PR unless:
    • The court appoints a guardian
    • The court makes an adoption order
    • A step-parent acquired PR while married to one of the parents
    • The child is living with an individual who is named as the person with whom the child is to live under a child arrangements order
  • It is therefore essential for parents to make this appointment.