What is a guardian?
When making a Will you need to consider who should be the guardians of any children under the age of 18 years who may survive you. Usually the appointment of a guardian or guardians takes effect on the death of the second parent. The duties of a guardian are similar to those of a parent. They are responsible for the day to day upbringing of your child as if he/she was their own. Normally it is best to appoint 2 members of your family as your guardians who are living together in a stable relationship but if the children are grown up it may, depending upon your own personal circumstances, be more appropriate to appoint close friends. Don’t worry about leaving any money to the guardians for the purpose of enabling them to carry out their duties. Your executors (who should not be the same as the guardians) Will be able to authorise the use of any monies that you have left to the children for their benefit until they are old enough to inherit. Finally when you make a Will, don’t forget to t
A guardian is a person who has legal right to make decisions on behalf of a minor (someone under the age of eighteen). A guardian may be required when a minor is without a legal guardian (for example when parents predecease children). The Probate Court may appoint a guardian for a minor child or for a mentally handicapped person. Before such an appointment, an investigation and hearing are usually required.
