Guardianship - who cares? - 20/04/2010

Many parents fail to address the question of a suitable guardian for their children should the unthinkable happen and they are orphaned during their minority. The vast majority of parents would want to have a considerable say in the way their children should be cared for and by whom. This is a difficult decision to make, it is far easier to decide on the disposal of your financial and other assets than to decide which of your relatives or friends can be relied upon to carry out your wishes relating to your precious children.

Parents are advised to think long and hard about the question of guardianship and remember to update any decision if the chosen guardians' circumstances alter, for example due to the passage of time their age makes them less suitable. Whilst there are few families with the complexities of Michael Jackson's family, it is clear that his mother aged 79 and even Diana Ross aged 65 may not have been the best choice of guardians simply because they may not have sufficient years of good health to be effective as guardians to such young children. The question mark that hangs over the Jackson children's true parentage could mean that, should their appointed guardians not survive until the children themselves reach the age of majority, there could be a monumental legal battle for their guardianship and control of their finances.

One of the best ways of appointing your children's guardian is in a will as the financial arrangements are usually also included. Equally important is informing your chosen guardians of your expectations with regard to your children. Unless they are aware of your views they cannot really decide whether they wish to take up the responsibility; they must be given the opportunity to renounce their appointment whilst you can still choose an alternative. Enshrining your wishes within your will and clearly setting out exactly how your children are to be looked after is essential for peace of mind. These arrangements should always be reviewed from time to time to establish the continued suitability of all the provisions set out for the care of your children.

There are a host of things to consider when appointing a guardian and it cannot be emphasised strongly enough that sound legal advice should be sought in this most delicate area.

One thing is definitely sure, if you don't appoint a guardian and your children are orphaned someone else will and their decisions may not be the same as your decisions.

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