The role of a guardian is a very important one if you have children. Should you die without making a Will or if you do not appoint guardians in your Will, your children could be placed in care until the court appoints official guardians to look after them.  This could take months and would obviously result in distress for your children and other members of your family.  Appointing guardians safeguards against this happening.  

Remember to request that your appointed guardians also make a Will themselves to further safeguard the future of your children.

Guardians are usually relatives or friends who you think would care well for your children should you die.  It is important to ask them before you name them in your Will as they must agree to accept their role and be aware of their responsibilities.

Although each parent can appoint different guardians, it is worth remembering that both will legally act in the event of your death so depending on who you have chosen will have an effect on your children's future.  

You can also appoint different guardians for different children but this may mean splitting them up. Guardians have to ensure adequate contact between the children is maintained but you may not be happy having your children divided in any way.

Guardians are only appointed for children under the age of 18.

The role of the guardian is a very responsible one and should not be entered into lightly. There will be financial, social and emotional implications taking on such a vast role and the matter should be discussed in detail between the Testator and the appointed guardians.

Many parents will provide financial support for their children in the event of their death and although it may seem insensitive to question them about this, it is a factor in making your decision.  

You may be able to claim child benefit and receive a guardian's allowance in the event that both parents are deceased.  Where one parent is alive and you are still called upon to act as guardian the situation will obviously be more complicated.

There are circumstances under which the guardian will be called upon when both parents are not deceased in cases where:

• a surviving parent is unable to perform their role because they are overseas, in the army, in prison, disabled or mentally incapacitated, or after the death of the first parent, or they just refuse responsibility.
  
• a couple are separated or divorced and just one of the parents die.  The guardian will act with the surviving parent and should disputes arise they will have to be settled by the court.  The surviving parent is still considered the statutory guardian.

If they wanted to ensure that they did, it would be necessary to enter into a written agreement to share responsibility with the mother, or apply to the court.  It would be possible for unmarried fathers to become guardians if appointed by the mother or by marriage.