In the aftermath of Michael Jackson’s tragic death, not only did the world lose a talented entertainer, but his family lost a son, sibling and father. Initial reports suggested Michael Jackson had died intestate and, without a will, his mother Katherine Jackson was given temporary custody of his three children. However, a Will has since come to light appointing Katherine Jackson as guardian or Diana Ross if his mother pre-deceased him.
It is important to include a provision for guardians for any children in a Will. Unfortunately, children of parents who die without a will, do not always get cared for by grandparents or other relatives and could be taken into care by the local authority while a court decides what is in the children’s best interests and who is best placed to become their guardian.
Therefore, appointing a guardian is a very important decision. It not only saves uncertainty in the event of your death, but saves extra stress on grieving relatives and children who need the security of knowing who will be caring for them.
It is best to discuss your decision with the people or person you wish to make guardians for your children first and ideally discuss it with your children’s other parent, even if you are separated or divorced and you have sole parental responsibility.
In your will it is helpful to outline why you want the people you have named as guardians to be guardians. This will show that you have considered the decision carefully and it is less likely to be contested. Guardians will have the responsibility of looking after your children in the event of your death.
Any adult you choose can be named as guardian. Guardians may be a relative or family friend who already know your children perhaps because they babysit or child mind for you or they are relatives you visit regularly. For your children to have continuity of care, it’s best that a guardian is someone they already know and trust. A guardian will continue to care for your children and ensure your children continue at school and/or college as well as their general health and well-being.
If you don’t have parental responsibility and you name guardians for your children, they will not necessarily become guardians if the parent with parental responsibility dies. The wishes of the parent with parental responsibility will take priority.
If you wish to make a Will and appoint a guardian for your children, please phone 01858 445480 now, or complete one of the on-line forms. You can make an appointment at any of our branches in Market Harborough, Wigston and Uppingham Road, Leicester or if you cannot come into a branch due to your ill-health, we can visit you at home.
