This information has been provided by
Australian law firm, Slingsby's Legal Solutions.
Your
Will allows you to make arrangements for the care of any
children that you have who are under 18 years of age when
you die. This is done by selecting one or more Guardians and
writing it into your Will. For parents, this is probably
the most important part of your Will.
What is a Guardian?
A ‘guardian’ is a person who has responsibility for the
long term welfare of a child and has all the powers, rights
and duties that are usually vested in the child’s natural
parents.
Who can appoint a guardian?
As a general rule, each parent has the right to appoint a
guardian or guardians to act after his or her death. Usually
the appointment only operates if there is no surviving
parent, although it is possible for a parent to appoint a
guardian to act jointly with the surviving parent. Obviously
a Court of law will carefully consider the wishes of the
deceased parent on this sensitive issue, although ultimately
if there is a dispute, then it is up to the Court to decide
‘what is in the best interests of the child’.
Who can be appointed Guardian?
Anyone you choose can be appointed – regardless of whether
they are related to you or your child. You can choose one or
more persons to be the guardian of your child, although
disputes can arise if you select more than one person.
Select a guardian who has a deep affection for your
children, but be careful about selecting very elderly
parents, who may not be able to see your children
through to their 18th birthday.
In addition to making a
Will, we recommend that, if you have children, you draw
up a Children's Charter to
ensure that instructions are in place on how you wish your
children to be taken care of.
This document is simply a written record prepared by you as
a sole parent or as a couple, which details what you want
for your children should either of you pass away.
If you would like more information on Guardianship,
along with a document that sets out
instructions for your selected guardians to follow,
then you can purchase our online Children's Charter
for $19.95. Click
here for more information.
The document contains a set
of instructions on what you want for your children and
covers a range of life and lifestyle issues, such as:
Where they will live
Involvement with other
family members
Standard of living
Schooling
Religious instruction
Tertiary education
Overseas trips, other
activities
Health issues
These guidelines do not
form part of your Will, but is a separate document. Your
Will selects the guardian(s) and makes financial provision
for your children, but does not deal with the above personal
issues. The Children's Charter is therefore invaluable in
setting out your wishes in this respect (see
Quick Tip above).
