Guardianship Agreements
The appointment of a guardian is to ensure that someone has parental responsibility for the child if the testator passes away. A mother will always have parental responsibility but it does not necessarily follow that the father of the child will have parental responsibility. It is acquired in the following ways:
- If the father is married to the mother at the time of the birth
- If the father is named on the birth certificate, ie the parents jointly register the birth
- By entering into a parental responsibility agreement with the mother
- By order of the court
- By appointment by the mother upon her death (usually by way of a clause in her will although we also offer stand alone Deeds of Appointment of Guardians).
A Deed of Appointment or a will clause appointing a guardian can be as general or as detailed as you prefer, appointing an alternative in the event that the guardian predeceases the testator, dies after the testator but before the children are 18, or if the guardian disclaims. You could also consider adding specific requests regarding:
- Where the children live
- That they should be able to continue their education once they have reached the limit of compulsory school age
- Specifying that they should be allowed to visit or stay with their relatives
- That they should be brought up within the faith of a specific church
- That they should receive a particular form of education (eg Rudolf Steiner)
