When should a childs guardian be appointed?

Answer

A children's guardian should be appointed to ensure a child's care if both parents with parental responsibility die or become incapacitated. Only a person with parental responsibility, such as the child's mother (automatically from birth) or the father (under certain conditions like being named on the birth certificate), can make this appointment. The appointment must be in writing, signed, and dated. Guardians are often appointed in a parent's Will or a separate document, following legal formalities. If no guardian is appointed, the court must step in, which can be costly and time-consuming.

The guardian's appointment takes effect when both parents with parental responsibility have died unless a court order specifies otherwise. If the mother dies and the father lacks parental responsibility, the appointed guardian takes over immediately. Parents typically appoint trusted individuals, often close family members, and can specify conditions for the appointment. It's important to discuss the guardianship with the proposed individual(s) and appoint a replacement guardian in case the original cannot act. Guardians can only be appointed for children under 18, and any appointment ends when the child reaches this age. Although parents cannot appoint successor guardians, the initially appointed guardian can choose their own successor, ideally documented in a Letter of Wishes.