Do I need Guardianship for my children?
Surprisingly, a question I’m often asked is ‘Do I need to document the guardianship of my children in my will’?
Short answer: Absolutely!
Documenting the guardianship of your children in your will is crucial to ensure your children are looked after by those who you believe are the best fit for providing for your children. However, before making that decision there are considerations to turn your mind to.
Ensuring your wishes are known: By specifying your preferred guardians in your will, you ensure that your intentions regarding the care and upbringing of your children are legally documented. Failing to note your wishes in your will can cause confusion and disputes among family members. Furthermore, it leaves the guardianship decision of your children to authorities in the event that both parents pass away.
Protecting your children's well-being: By nominating a guardian in your will, you have the opportunity to select someone you trust to raise your children in an environment consistent with your values and wishes. This will provide peace of mind, knowing that your children will be cared for by someone you believe will provide them with a loving and supportive environment.
Preventing legal disputes: Without clear instructions in your will, family members or authorities may need to make decisions regarding guardianship on your behalf. This can potentially lead to disagreements or legal battles among interested parties, causing stress and uncertainty for your children during an already difficult time. Importantly, ensure your will is consistent with the will of the child’s other parent. Inconsistent clauses can lead to an unenforceable will!
Immediate care after death: In the event where both parents pass away, children may be taken into the care of the applicable government agency (Department of Health and Human Services for Victorians). This exposes the children to potential distress in circumstances where they are already in an emotionally fragile state. Designating guardianship in a will circumnavigates this process and places children in the care of the guardian shortly after the event. This supports the children during a traumatic time in an environment they are likely comfortable in.
Complying with legal requirements: In some jurisdictions, designating a guardian for your children in your will is a legal requirement. By including this information in your will, you ensure compliance with applicable laws and increase the likelihood that your wishes will be upheld.
It's important to regularly review and update your will to reflect any changes in your preferred guardianship arrangements, as well ensuring it remains aligned with your current circumstances and legal requirements.
Please note, this article is general in nature and does not take into account your personal situation or circumstances. For further information please contact Kenney Legal at info@kenneylegal.com.au or contact us via our social media networks.
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