Nobody wants to prepare for their death as it is an extremely difficult topic to think about. However, it is important to think about what is going to happen, especially if you have children that you will be leaving behind. Life can be unpredictable, and it is important to figure out what will happen to your children and to the rest of your estate.
Here is more on legal guardianship and preparing a will.
What Is A Legal Guardian?
A legal guardian is defined as an individual who you grant the legal authority to care for your child in the event of your death. In this case, a child is legally defined as a person under the age of 18. A legal guardian will take responsibility for your child after the death of you and anyone else with parental responsibility, such as your spouse.
Nobody is a legal guardian by right, so it is important to name a legal guardian if you want to ensure your child goes to whoever you want. For example, you may desire your parents to look after your child, but your sibling might take over the responsibility if you have not specifically named your parents.
A step-parent does not have automatic legal responsibility for the child in the case of your death. To do this they will need to apply for parental responsibility, which gives them the same legal rights and responsibilities as a biological parent. To get this they need to be married to the biological parent and have written permission from every other person with parental responsibility, including ex-spouses.
A legal guardian will take in all the responsibilities for the child, including providing a home, keeping them safe, educating them, supporting them financially and making any medical treatment decisions.
How To Name A Legal Guardian
A legal guardian can be appointed before death, or it can be written into a person’s will who they would like to act as a legal guardian. It is best to sort this out early, as dealing with issues of guardianship after a person’s death can be annoying and tiresome to all involved.
Legal guardian issues can occasionally require expert family law mediation to ensure everything goes smoothly.
Family Law Mediation, Wills & Probate In Ebbw Vale
Richards & Lewis are reliable family law and probate solicitors that can assist you surrounding your will, including if you need to add provisions to do with a legal guardian. We can ensure your will is completed so everything is arranged in the event of your death, including where your child or children might end up.
We are also experts in family law, so can assist if your legal guardianship issues will cause problems with a spouse. Get in touch with us today to see how we can help you prepare for the future.