Wills, Powers of Attorney, and estate planning are important for adults of all ages, not just older people.

Who Would Care for Your Children

If you have children under 18, it is important to think about who would look after them if something happened to both you and your partner.
• Who would you trust to care for your children day to day?
• Would they be able to provide the stability, support, and environment your children need?
• Have you made your wishes clear in a legally valid will?
Naming guardians in your will helps ensure your children are cared for by the people you choose, rather than leaving decisions to others at an already difficult time.

Why Informal Guardianship Conversations Are Not Enough

Many parents have an informal conversation with a trusted relative, such as a brother, sister, aunt, or uncle, about looking after their children if the worst were to happen. While this can be a helpful starting point, it does not create a legally binding guardianship arrangement.
• A verbal agreement may not be recognised as your formal wishes.
• Family members may not automatically have authority to care for your children.
• Without clear written instructions in a valid will, decisions may be left to social services or the courts.
Appointing guardians in your will gives your wishes legal weight and helps ensure your children are cared for by the people you trust.
If you and your partner die without a will or guardianship clause, the court may need to decide who should care for your children. Although the court may ultimately choose the relatives or friends you had spoken to, the process can take time. During that period, your children could be placed in care and separated from family while decisions are being made.
Appointing a guardian in your will is one of the most important steps you can take to protect your children’s future. Whether you are parenting alone or with a partner, appointing a guardian gives you peace of mind that someone you trust will care for your children and put their best interests first.

When you think about guardians for your children, you should consider the following:

• Do they already have a good relationship with your children?
• Are they young and healthy enough to care for your children until they reach adulthood?
• Where do they live, and would your children be able to stay at their current school and remain close to their friends?
• Are they financially stable, or could caring for your children place a significant financial burden on them?
• Do their values, beliefs, and lifestyle align with the stable environment you would want for your children?
• Have you spoken to them and confirmed that they are willing to act as guardians?
• If they have children of their own, would the children be likely to get along and adjust well together?