Guardianship of Minors and your will – what do you need to do?
If you are a parent of a child or children who are under 18 years old, you should consider appointing a guardian who can look after your children in the unfortunate event of your death.
This allows you to specify who you want to care for the welfare of your children. Our estateplanning lawyers can assist in drafting a new will or updating your existing will to appoint aguardian for your children.
A guardian will be legally responsible for looking after the day to day needs of your children as well as making decisions about their long-term welfare and upbringing.
How do I appoint a guardian?
The most common way of appointing a guardian for minor children is in a will. While you can also set out your specific wishes in relation to the upbringing of your children in your will (e.g., matters relating to education or religion), the more common way of recording those wishes is in a separate and more detailed document which provides additional information and guidance in relation to your children.
The nomination of a guardian for children under the age of 18 is always subject to the overriding jurisdiction of the Court – i.e., the Court has the power to appoint a different guardian if the Court thinks it appropriate to do so.
The guardianship of a child comes to an end when the child reaches the age of 18.
Who will care for your children when you are gone?
Appointing a guardian in your will minimises any conflict that may arise between your family members over a custody dispute. Further, you are provided with peace of mind that your children will be looked after by your appointed Guardian in case the worst were to happen.
Before you appoint a Guardian in your will, you should consider who is the most appropriateperson to take on the role and responsibility. In determining this, factors to take intoconsideration are physical location, financial security, and emotional capacity.
Obtain consent.
It is important that you obtain consent for the person you intend to appoint, and that they areaware of this responsibility. Further, the appointment of a Guardian needs to be reviewedregularly, and your will updated if there is a change of circumstances, and the Guardian is nolonger suitable.
More Information
If you wish to obtain further information, advice or assistance in updating your will, please contact one of our will Lawyers in our Estate Planning team at Matthews Folbigg on 9635 7966, email us at estates@matthewsfolbigg.com.au or through the website www.matthewsfolbigg.com.au
DISCLAIMER: This article is provided to readers for their general information and on a complimentary basis. It contains a brief summary only and should not be relied upon or used as a definitive or complete statement of the relevant law. Liability limited by a scheme approved under Professional Standards Legislation.
