Understanding Guardianship
A legal Guardian is someone appointed to take on parental responsibility for a child under 18 in the event that their parents/guardian die. This includes decisions about education, healthcare, housing, and day-to-day welfare. In a Will, this is done through a guardianship clause.
This step ensures your child(ren) is looked after by someone you know and trust, rather than leaving it up to the courts.
Why Should I Appoint a Guardian?
If no legal guardian is named in your Will and no surviving parent/guardian has parental responsibility, then the court must decide who takes care of your child. While this might be a close family member, it might not be the person you would have chosen. Worse still, children can end up in temporary foster care while the court investigates.
Naming a guardian now avoids uncertainty and gives peace of mind that your child will be cared for by the right person from day one.
Who Can Appoint a Guardian?
Any parent with legal parental responsibility can appoint a guardian in their will. This includes biological parents, adoptive parents, and in some cases, legal guardians or special guardians.
It must be done in writing, usually in a Will, and signed correctly to meet the legal requirements. You can also appoint a substitute guardian in case your first choice is unable or unwilling to act.
When Does the Appointment Take Effect?
The appointment of a Guardian comes into effect on the death of the last person with parental/guardianship responsibility. If one parent dies but the other still has parental responsibility, the guardian will not usually be needed unless there is a specific court order in place.
“Guardianship ends when a child turns 18, or sooner if the guardian passes away or formally steps down. Guardianship is about ensuring your child’s future is guided by someone you trust. It’s one of the most important decisions a parent can make, and the best time to start planning is now, so you can have peace of mind for whatever lies ahead.”
Chris Keenan, Partner, Private Client
How we can help
We regularly support parents and guardians who want to put the right protections in place for their children. Our friendly and experienced team can guide you through the legal steps to appoint a guardian in your Will, and explain everything in plain English. We’ll help you think through your options, understand the responsibilities involved, and make a plan that reflects your wishes.
Book a free 30 minute Guardianship consultation appointment today. Our friendly Private Client team is here to guide you through the process with care and clarity.
Email guardianship@hklaw.uk or call 03330 492210 to make an appointment at your nearest HK Law office. HK Law has offices in Blandford, Bournemouth, Crewkerne, Dorchester, Poole, Swanage, and Wareham.
For a limited time only, we are currently offering a special Guardianship Campaign rate for Wills that include Guardianship clauses, this is only available until 31st March 2026. Click Here for details.
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