Guardian

A testamentary guardian is the person you name in your Will to take responsibility for raising your children under 18 if you and the other parent both die. The appointment expresses your wishes about who should have day-to-day care and major decision-making for the children. It is distinct from an enduring guardian, who makes lifestyle and medical decisions for an adult who has lost capacity.

A guardianship appointment is highly persuasive but the court retains an overriding power to act in the child's best interests. Example: Sarah's Will appoints her sister Emma as guardian of her two young children and asks that they remain at their current school. It is wise to discuss the role with the proposed guardian first and to ensure funds are available — often through a testamentary trust — to support the children.