How to appoint a guardian
Most people don't know that you don’t have to make a will to appoint a guardian for your children in case you die when they are under 18. All you have to do is complete and sign a simple document. Here's how.
Firstly, you need to think about who you think would be the best person or people to look after your child if you were to die when he or she was still under 18. Once you have made your choice, do discuss it with the people whom you have chosen and find out whether they feel that they could take on this responsibility.
James was a toddler when both his parents were killed in a road accident. His parents, Karen and Roy had made home-made wills before he was born, but had not updated them since. Nobody was appointed to be his guardian in the event of their deaths, and they hadn't made any financial provision for him.
Karen's sister and her husband thought that they were best placed to look after James, but so did Roy's brother, Gareth, and his partner, and Roy's parents, Brenda and Bob. The three couples were unable to agree and they eventually went to court over it.
The result was an expensive, lengthy fight that caused great stress and grief to two families who were already devastated by the deaths of Karen and Roy. The three couples are still on bad terms and James has lost his harmonious extended family as well as his mum and dad.
Although you don’t need to make a will to appoint the guardian(s), you should think about doing it so that you can provide for them and your child financially. See our Wills & Inheritance Issues for more details.
This appointment will only take effect after your death. Until then, the guardian will have no rights or responsibilities towards your child/children.
How to appoint a guardian (94 KB) Click here to download our leaflet which includes a handy form, or write out your own using the wording below.
Appointment of Guardian
In accordance with section 5 of the Children Act 1989
I [insert your full name]
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appoint [insert name(s)]
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of[insert address(es])
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to be the guardian[s] of my child[ren]
[insert the child(ren)’s names and dates of birth]
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Signed [sign your signature ]
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Dated [insert the date]
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- You must sign and date the document and put it in a safe place.
- Tell the people whom you have appointed and give them a copy of it too.
It would also be sensible to tell other family members, so that you avoid any sort of quarrel after your death.
This appointment will only take effect after your death.
