17/07/2009
Safeguarding your Children’s Future
The recent death of Michael Jackson and the subsequent ongoing battle over the custody of his children has focused the world’s attention on the subject of ‘Guardianship.’
If you have children under 18 it is important to consider the appointment of a Guardian. This is important in the event both you and your partner die as a result of a common accident but becomes even more important if you are the only surviving parent.
The appointment of a Guardian is usually made by way of a clause in a will but it does not need to be in a Will as long as it is in writing, dated and signed by the parent. The appointment can be cancelled in writing if the cancellation is signed and dated, even if the original appointment was within a Will.
A parent knows how they would like their children to be brought up in order to feel loved and secure. The appointment of a guardian gives you the opportunity to choose the person who you would like to entrust with this important task but of course the proposed guardian should be asked before they are appointed.
The Guardian can also be an executor of your will and indeed this has some benefits. If appointed as executor and trustee this allows the Guardian access to funds ‘held on trust’ for your children, for their benefit of their education and social advancement.
If no one has been appointed, the Court will appoint a Guardian. This can be a lengthy process and could involving relatives, social workers, other welfare professionals and ultimately the guardian appointed may not necessarily be the person who you would have chosen to act.
Whilst it is an unpleasant subject it is one that all parents should carefully consider and agree the appointment of a Guardian to ensure your children’s wellbeing after your death.
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