Why you need to choose the right Guardian in your will

Every parent with children under the age of eighteen needs to think about this, even though you may not want to. You absolutely need to.

No-one wants to wake up in the morning and think today I need to work out what to do with my kids when I die, but naming a legal guardian in your will is one of the most important decisions you’ll ever make. It’s about making sure your little (or not-so-little) ones are cared for by the right people if you’re not around.

This is not a decision you want left to chance.

What Happens If You Don't Name a Guardian?

Let’s say something happens to you. If you haven’t named a legal guardian, the decision of who raises your children will be left to the courts.

This means strangers will be deciding who takes on the most important role in your child’s life and while they’ll do their best to choose someone suitable, it might not be who you would have picked.

In the meantime, your child could end up in temporary care while everything is sorted out. The process can be stressful, time-consuming, and emotionally draining for everyone involved, especially your child.

Who Should You Choose as Guardian?

This is a big decision, so take your time and consider:

🔹 Do they share your values? Will they raise your child with the same beliefs, traditions, and principles that are important to you?

🔹 Are they emotionally and financially stable? Guardians don’t have to be wealthy, but they do need to be capable of providing a secure home.

🔹 Are they young/healthy enough to take on the role? Your parents might be amazing, but if they’re older, will they realistically be able to care for a teenager in 10 years?

🔹 Do they already have children? If so, would your child fit in well with their family dynamic?

🔹 Where do they live? Moving schools, cities, or even countries can be a huge adjustment for a child who’s already going through a difficult time.

Common Mistakes People Make

🚫 Not naming a guardian at all. Let's avoid the care scenario, shall we!

🚫 Assuming family will “figure it out.” It is possible that people will argue about who looks after your children, surprising, I know! Without legal instructions, family members might argue over who should step in, leading to unnecessary stress and conflict.

🚫 Choosing someone just because they’re family. Your sibling might be a great person, but are they actually great with kids? Pick someone based on ability, not just relation.

🚫 Forgetting to review your choice. Life changes. Relationships shift. People move. Circumstances evolve. Review your guardianship decision every few years.

Should You Appoint More Than One Guardian?

You can name backup guardians in case your first choice is unable to take on the role. You can also split responsibilities; one person could handle day-to-day care, while another could manage finances (if, for example, one person is better at parenting and another is better at handling money).

How Do You Name a Guardian?

It’s really easy. All you need to do is include your chosen guardian in your will. If you already have a will, but it doesn’t mention guardians, don’t panic! You can update it at any time.

Final Thoughts

Your kids are the most precious part of your life, and making sure they’re cared for by the right person is something you can control. Don’t leave it up to chance or a courtroom. Take five minutes to think about the best person for the job and make it official.

Need help sorting it out? You know where to find me!