Maintaining the interest and well-being of Children, the Guardian

Author: Marwah Law |

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If you have children, or plan on having children your familiar with the importance of planning ahead. Should something happen to you it is essential to be prepared ahead of time in order to ensure that they are taken care of. Electing a guardian for them will provide them with stability as they transition into a difficult period of life.

Custody of Children

The law provides the right to appoint someone to have custody of your minor children in your Will. This will give the guardian the right to choose where the child should live, what school the child should go to and how to proceed with their medical treatments. The guardian of your children will also be the person you elect to manage the assets of your children if both you and your spouse pass away. The law provides that the guardian of the child’s property can invest the child’s money and decide how it should be used for the benefit of the child.

Not naming guardians can result in unfortunate circumstances for the children if relatives, friends or immediate family start to argue about the best way to care for the children or who should care for the children. This can cause problems for the children and for the family, which is why you should make your wishes clear in your Will.

Who Should I Choose?

Choosing a guardian for your children can be a daunting task. So, we put together a list of things to consider that can make your decision a little bit easier to make.

  • They must be age of majority (unless in British Colombia then they must be 16)
  • Choose someone you trust completely and entirely.
  • They must be mentally competent and understand the consequences of their actions.
  • Speak with your partner about potential options and why you would choose one person over another.
  • Consider family members or friends with similar values as you.

If you find yourself having a hard time choosing for whatever reason don’t feel despair, this is a common issue for many people. Remember that even though it’s a personal decision, if a decision is not made the courts can appoint someone on your behalf. It’s always in the best interest of the children to make a decision ahead of time. Remember that your Will is a document that can be changed accordingly in the future to reflect your wishes. So if you change your mind about someone or something you can amend it accordingly at a later stage.