Who would be the Legal guardian of your child (ren)?

If you have children under the age of 18 you should consider who would look after them in the event anything happened to you or their other parent. A legal guardian of a child would have Parental Responsibility for them if anything happened to you. They would look after the children and make decisions for them. Guardians are appointed using a Will. It is important that you speak to them so that they are aware that you have chosen them for this important role.

Who should we choose as a legal guardian for a child?

They should be a person that you trust and should also be someone who shares or understands your views on raising children. Other things you may want to think about are:

Family Status

You should consider the structure of their family and their relationship. Do the people you have chosen already have children? Would they be able to cope with the responsibility of raising another child?


You should also consider the age and health of the guardian. Would they have the physical and mental capacity to care for your children?


Raising someone else’s child can be difficult. You should consider a person who is patient, trustworthy and dedicated.


You might want to think about the location of the proposed Guardian. Distance to other relatives, school and friends should all be considered.


What do parents think about when considering a legal guardian of a child?

How will the guardian be able to afford to look after my children?

Raising an extra child will be costly. You will need to think about whether the guardian would be in a financial position to afford taking on extra children.

If grandparents are too old to look after my children if I die, what happens?

If you would like to choose the grandparents but worry about their age, you may wish to name an alternative guardian who could care for the children if the grandparents are unable to.

What if there are no suitable relatives to look after my children I if die?

The guardian does not need to be a family member; you may wish to choose a close friend.

In what circumstance are children adopted or fostered if I died?

This is only likely to happen if you do not have a Will. This is very unlikely if you have named a Guardian in your will who is able to take on the role.

Hepburn Delaney are a specialist Family Practice and we can advise you on all aspects of appointing a legal guardian for your child (ren).  Please contact Hepburn Delaney today on 01442 218090 or via our website.