Deciding who should be the guardian for your children in the event of your death, is a very important decision and should never be taken lightly. It is a very responsible role for the proposed guardian and you really do need to discuss it in detail with him or her before appointing them guardian in your will. There are a considerable number of emotional, monetary and social consequences of taking the ability for a child all children as their legal guardian. You should also be prepared to discuss with him what financial provision you will be making for the children in the event of your death.
If both parents die the guardian may be able to claim certain benefits, including child benefit. However, this may be complicated if only one parent dies yet the guardian is still called upon to look after the children.
Although normally a guardian only takes on responsibility for a child in the event that both parents pass on, there are occasions when a Guardian’s role comes into play, even if both parents are not deceased;
If only one parent dies the guardian may be called upon to perform his duties if the surviving parent is out of country, in the armed forces, imprisoned, mentally or physically incapable or refuses to take care of the children.
If the parents were separated or went through a divorce before one of them died the surviving parent is the statutory guardian. However, he or she can still share responsibility with the named guardian with the courts settling any disputes between two adults a responsibility for a child.