How to Appoint Guardians for Your Children

For parents of young children, this is arguably the most crucial reason to make a will: to name guardians for your children.

It's a topic no parent likes to imagine – someone else raising your kids – but having this plan in place ensures that if the unthinkable happens, your children will be cared for by the people you trust and choose. Here's how to go about appointing guardians in your will, and some points to consider:

What is a Guardian?

In this context, a guardian is an adult you legally appoint to take on the responsibility of raising your child (or children) if both parents (or all those with parental responsibility) have passed away. As defined by GOV.UK guidance on parental responsibility and guardianship, the guardian would have the legal authority to make decisions about the child's upbringing, education, health, and overall welfare, stepping into the shoes of the parent.

If only one parent dies, usually the surviving parent (if they have parental responsibility) continues to raise the child. The need for a guardian arises if both parents (or a single parent if they're the sole carer) die while the child is still under 18. By naming a guardian in your will, you're telling the court, "This is who I want to look after my kids."

How to Name a Guardian in Your Will

When drafting your will, there will be a section to appoint guardians. It can be a simple statement such as:

You can name more than one person (for example, a couple) as joint guardians if you wish. Often people will appoint, say, the child's aunt and uncle together, or two grandparents together.

It's wise to also name an alternate guardian in case your first choice cannot serve. For example: "...I appoint my sister Jane Doe as guardian. If she is unable or unwilling to act, I appoint my close friend John Smith as alternate guardian." Life is unpredictable, so having a backup is a good safety net.

Choosing the Right Guardian: Factors to Consider

Selecting a guardian is a very personal decision, but here are some things you might think about:

Values and Parenting Style

Does the person share similar values, morals, and parenting philosophies as you? While no one will raise your kids exactly as you would, you might want someone who you feel would instill similar principles or honor the kind of upbringing you want for your children.

Emotional bond

Is this someone your children know well and feel comfortable with? A guardian should ideally be someone the kids either already have a relationship with, or who will genuinely love and care for them. Often people choose close family members (grandparents, siblings, etc.) or very close friends for this reason.

Practical considerations

Think about the person's age and health – are they physically up to the challenge of possibly chasing a toddler or guiding a teen? Grandparents might be loving caretakers, but if they are quite elderly, consider the long-term. Also, does the person have the time and capacity? If they already have a large family or heavy commitments, adding your children could be a strain. Consider their location too: would your kids have to move far away, change schools, etc., if under their care? While this isn't necessarily a deal-breaker, it's something to weigh.

Financial situation

While your estate (life insurance, etc.) might provide funds for your children's care, consider a guardian's financial stability. You wouldn't want to place your children in a situation that's a severe financial burden to the guardian. (You can alleviate this by ensuring you have life insurance or assets earmarked for the kids' expenses – many parents set up a trust in the will that the guardian can use for the children's needs.)

Willingness

Always ask the potential guardian if they are comfortable being named. It's a big responsibility. Have an honest conversation: "If anything ever happened to us, would you be willing to raise our kids?" It's heavy, but most people will give you an honest answer. Some might love your kids but feel unable to take them on full-time – better to know now and choose someone else, than to surprise them later.

Couples vs. individuals

If you name a couple (like your brother and his wife) as joint guardians, consider what happens if they later separate or one of them can't do it. Usually, you'd trust either of them singly, but it can complicate things. Sometimes people prefer naming just one primary person (knowing their partner will naturally help). You could mention "I appoint my sister, and I express the wish that her husband help her in raising my children" for instance. But legally, it's cleaner to name the one or two individuals you want responsible.

After Appointing: What Happens and Other Tips

If the situation arises, the guardian you named will assume legal responsibility for your children. There might be some paperwork for them to get a court order confirming guardianship, but your will provides clear evidence of your wishes, and courts give great weight to that. It usually goes smoothly if the named guardian steps up.

To help your chosen guardian, you can do a few things beyond just naming them in the will:

Leave a letter of explanation or wishes

Some parents write a separate letter outlining their hopes for their kids' upbringing – like schooling preferences, religion, extra contact with certain family members, etc. While not legally binding, it can guide the guardian.

Provide financial support

Make sure your estate plan includes financial resources for the children's care. This could be via a trust in the will. For example: "I give my Trustee discretion to use the income and capital of the child's share for their benefit, maintenance, education, and support until they reach 18 (or 21, or 25)." This way, the guardian can use money from the child's inheritance to actually raise the child, without mixing it with their own finances. You might also consider life insurance naming your estate or the child as beneficiary, so funds are available.

Keep it updated

If your chosen guardian's circumstances change – say they move abroad or have a change of heart or you have a falling out (hopefully not) – update your will to reflect a new choice. Likewise, if you have more children, ensure your will covers them too (often wording like "any children of mine" covers future kids automatically, but double-check).