Guardianship — Appointing the Right People to Protect Your Children’s Future

Introduction

When parents make a Will, the most vital question isn’t about money — it’s who will raise your children if you’re not there. A well-written guardianship clause gives clarity, stability, and reassurance for your loved ones. Without it, courts or local authorities decide who takes over, often causing emotional and practical turmoil.

At Fern Wills & LPAs, every Will includes guardianship where appropriate, at no extra charge.

Why guardianship matters

Appointing guardians ensures your children are cared for by people you trust, rather than by default legal processes. Guardians take on full parental responsibility — making decisions about schooling, healthcare, religion, and daily life.

A Will gives you the power to name:

• Primary guardians, your first choice; and
• Backup guardians, in case the first are unable or unwilling to act.

This avoids uncertainty and provides your children with emotional stability at a difficult time.

Real-life examples

Example 1 — Short-term and long-term guardians

A couple appointed close friends as temporary guardians for their teenage son while he completed his GCSEs, before moving to his permanent guardians — an aunt and uncle who lived further away. The arrangement protected educational stability during an already traumatic transition.

Example 2 — Blended family clarity

A mother of two children from different relationships appointed her sister as sole guardian for both, ensuring consistency and avoiding disputes between former partners. Her Will included a Letter of Wishes explaining her reasoning and daily routines

Example 3 — Divorced parent protecting all parties

A recently divorced client wanted to make sure her young children would not automatically live full-time with their father if she died first. The father was loving and involved but had a demanding career and limited capacity for day-to-day care.

Her Will appointed close relatives as proposed guardians and was supported by a carefully worded Letter of Wishes.

The letter recognised the father’s continuing parental responsibility but explained why shared or alternative care might better serve the children’s interests.

Legally, the court retains final discretion where a surviving parent has parental responsibility, yet the letter provided persuasive evidence of the mother’s intentions and helped the family reach an amicable, child-centred outcome.

Example 4 — Terminal illness preparation

A father diagnosed with terminal cancer used the Life & Legacy Logs — My Story and Wishes section to leave personal notes, guidance on education, medical preferences, and milestone messages for his children. These logs complemented his Will, giving his family comfort and clear direction when the time came.

Who can be a guardian

A guardian can only be appointed by someone with parental responsibility. The role takes effect only when no one with parental responsibility is alive.

Those who automatically have parental responsibility include:

• Birth mothers (unless the child has been legally adopted).
• Married fathers or fathers named on the birth certificate (for births after 1 December 2003).
• Same-sex partners through adoption or a parental responsibility agreement.

Others may acquire parental responsibility by:

• A Parental Responsibility Agreement with the mother.
• A Parental Responsibility Order from the court.
• Adoption or a Special Guardianship Order.
• Being appointed as a guardian in a valid Will.

Who cannot appoint guardians

Those without parental responsibility — for example, unmarried fathers not on the birth certificate, step-parents, or long-term carers without formal legal rights — cannot appoint guardians through a Will.

If you want your partner or step-parent to continue caring for your children, they must first gain parental responsibility by agreement or court order.

Choosing the right guardian

Selecting a guardian is both emotional and practical. Consider:

🌿 Shared values and approach — someone who aligns with your parenting style and beliefs.

🌿 Health and stability — age, lifestyle, and emotional capacity matter.

🌿 Location and continuity — avoid unnecessary school or friendship disruption.

🌿 Finances — can they manage the responsibility? You can provide funds through a Discretionary Trust.

🌿 Family compatibility — will your children feel secure within the guardian’s family dynamic?

We recommend naming at least one alternate guardian to cover unforeseen circumstances.

Supporting documents and planning

Fern Wills & LPAs can prepare:

• Letter of Wishes — a private note explaining your hopes, routines, and parenting values. Supplied in printed, watermarked, and electronic formats, with a Word copy for future updates.
• Life & Legacy Logs — practical guides that store vital details and family wishes. Originally designed for later-life planning, they now support parents leaving detailed guidance for guardians and children.
• Discretionary Trusts — used to manage and distribute money for minors responsibly until they reach a suitable age.

Key legal points

• A guardian’s appointment takes effect only after all parents with parental responsibility have died.
• If no guardian is named, the local authority gains parental responsibility and decides placement.
• Guardians can act jointly, but disagreements may require court resolution.
• You may change or revoke appointments at any time by making a new Will.
• Guardians can be temporarily unavailable; a reserve or joint appointment is strongly advised.

At-a-glance overview

Why it matters

Every parent wants peace of mind that their children will be safe, loved, and guided by the right people. By including guardianship and related documents in your Will, you protect their emotional and financial security — giving your family clarity when it’s needed most.