My son is 14 years old. Sadly, his dad passed away five years ago. I now have a new partner that lives with us, and my son and my partner get on really well.
My partner and I have discussed some kind of legal guardianship, in case of my passing while my son is still a child. Is there such a thing ?
(Miss D.M, 2 December 2008)
A.
Legal guardianship, where a child loses both parents, is a subject which should be considered by all parents. Naturally, it is a very difficult topic and one that many parents would probably prefer not to address. But because your son has already experienced the tragedy of the death of his father, this is a subject that you have already thought about. The fact that you have found a new partner who gets on well with your son is good news, and he may seem like the obvious person to consider for this very important role.
You must think about exactly what being a Legal Guardian would involve. The most important factors are stability for your son should the unthinkable happen, and choosing a person that you trust and who is prepared to take on all the long-term emotional and financial responsibilities for your child.
Before choosing a person to be a legal guardian you must be as sure as you can be that they are the right person and will be there for the child. You describe your partner as being “new”. It sounds as if he is happy to take on this responsibility but do make sure that he is the right person. There may be other people who could also act as legal guardian, such as grandparents, any brothers or sisters you may have or close, long-term friends.
To appoint a legal guardian for your son you should either:
Prepare a will in which the individual is named as your son’s guardian.
OR
Prepare a document, that must be dated and signed, which states that a particular individual will become your son’s legal guardian if you die.
It would be sensible to discuss your choice of legal guardian with anyone else who may have an interest in your son’s wellbeing, such as other family members. Even if you prepare a will or specific legal document dealing with this issue, the decision is not necessarily legally binding.
Someone who disagreed with your choice of guardian could bring a legal case to change the person who has guardianship. For this reason, it is vital to discuss the decision with anyone who does have an interest in your son’s welfare to ensure that there is no disagreement if guardianship becomes necessary. If such a case was brought, the court would consider what was best for the child and reach a decision about whether the person you appointed, or someone else, is the appropriate person to look after your son.
Hi my son who is divorced from his wife but has dual responsibility for there 2 children is due to go to afghanistan at the same time as his ex wife for 7 months .She states that she will be leaving the children with an aupair for the duration.God forbid anything should happen whilst they are away.Would i be correct in saying that the children will need a legal guardian whilst they are away.The parents are both in the army and anything could happen.
steve - 3 January 2012 @ 8:47 PM
My brother has put in for gaurdainship of my dad who is in hospital.Looking at the application there are a lot of things that I or my dad do not agree with.My Brother writes that my dad spends all his money on drink leaving my mum with not enough to pay the bills or feed herselfHe says that taking control of my dads finances would allow her to be better offIs it not the case that when my brother takes control of my dads finances the money is to be used for my dads benefit.I try to get some sense out ofmy dads social worker but she says things like he doesn't need much money in there.Also she says that my dad has had his copy of the application but he denies this and I haven't seen a copy in his bedroom.Lastly has he the right to a lawyer to defend himself.
croallski - 13 December 2011 @ 1:11 PM
I wish to give my daughter guardianship of my youngest daughter as I find I am unable to cope with her. I don't want to put her into care and my oldest daughter has agreed to look after her. How do I give my eldest legal guardianship? Carol
carol, - 19 July 2011 @ 4:10 PM
hi my 14 year old daughter was sexaully abused when she was 3 years old so has never had anything to with her she has always had a my friend by her side all the time and even now he tells everyone she is his same she as always told her friends he is her dad. Now she wants to know if and how we can take gaurdianship from the (bio thing) to the man that she has always called dad. i know it is something we would love it to happen.
i don't know - 11 July 2011 @ 10:09 PM
I am currently fostering three siblings, 10, 9, and 4. The council has put forward a proposal to have the 4 yr old adopted, we feel that these children should stay together and are willing to look after all three until they reach 18, the council say we have no real claim on this even though their mum and dad want us to look after them all, what does a legal guardianship allow us to do and do we still get an allowance if so what is it? The council have asked if we can look after the older children which we will but the little one will propbably be adopted.
