Selecting a guardian

We discuss the need of having a Last Will and Testament for everyone in practically all of our blog entries, but we emphasise how crucial it is for parents and single parents in particular. Parents (or a solitary parent) might specify in a will who they would like to raise their children if they pass away (including if for example both parents are involved in a common accident). In most cases, it also enables the parent to justify why they chose this particular candidate.

If there is no Guardian specified in a Will, one of three things will occur in the event that both parents are killed in a common accident or a single parent who has sole custody of a kid passes away;

Someone will volunteer to take care of the child or youngsters. The courts will then officially grant custody to this person when they submit an application.

There will be disagreement over who is the most suited candidate after more than one individual steps forward, and the family courts will make their decision based on what is in the child’s best interests.

If no one speaks up, the child or children will be designated as “children in need of protection” and placed in the custody of the child services agency.

What elements should be considered when making this choice? Here are a handful, however keep in mind that they are all subjective and that the choice is ultimately extremely individual;

Friend or relative? Age? Own children? Financial resources? Personal connections? One of the most crucial considerations is that you want the child to join a loving family and, ideally, a stable one. The welfare of the children should be emotionally important to the guardians.

Maintaining the kids’ unity? You could choose to name a different Guardian for each of your children if you have more than one. Although it is a really difficult choice, it must be carefully thought out.