Reading 0118 957 5337
enquiries@hewetts.co.uk
enquiries@hewetts.co.uk
We believe that helping our clients with existing problems is only one part of our work. Providing legal solutions to head off future potential problems is an area of proactive law that we excel at.
Protecting our clients’ family is why we highlight potential problems so we can sort them out in advance. Quite recently, there was a tragic story in the Daily Mail which talked about a couple who had died in a car accident, leaving behind very young children.
Whilst an event like this is fortunately quite rare, it did make us think about how many parents we have as clients, who have not named Guardians for their children in their Wills.
When choosing Guardians you are doing it because you want to make sure that if anything happens to you, then your children are going to be looked after and brought up by someone you think is the right person, with the right values.
There are many things to think about and unfortunately it is not always easy to avoid common mistakes.
Here are six common mistakes people make when choosing guardians for their children:
1. Choosing a married couple without stating what happens if they divorce or one of them dies.
2. Choosing only one guardian - What happens if your first choice guardian can't take on the responsibility as their circumstances change, (or they die)? You should always have an alternative (and always state those who you don't want – see below).
3. Not having a financial plan in place to take care of your children - Your chosen guardians should not have to be making major financial decisions on behalf of your children. Nor should they be expected to pay for their upbringing.
4. Relying only on a Will - Guardians can also act for you if you become incapacitated. That's why you should also have a power of attorney to allow someone to make decisions for you and the benefit of your children.
5. Failing to exclude people you DO NOT WANT to bring up your children - Even if you have stated specific guardians there may be a challenge from others who want to bring up your children. The best thing to do is to specifically exclude these people by name if you don't want them to.
6. Not naming short-term guardians - You may need someone short-term to take care of your children if your guardians cannot be there in an emergency. For example a babysitter, neighbour or relative could perform this role. Otherwise, if something happens to you, your children could end up in social care for a while before your chosen Guardians can arrive and take over.
If you need any assistance then please contact us on 01189 575337
Published on 17/11/2022