Who will care for your children if you can’t? Why guardianship matters more than godparenting

Why this decision matters

It’s a question no parent wants to dwell on: who will look after your children if you’re no longer here? Yet it’s one of the most important decisions you’ll ever make. For many, uncertainty or disagreement over guardianship is the main reason they delay making a Will.

A common misconception is that naming a godparent is enough. While godparents play a meaningful role in a child’s life, their position is symbolic and spiritual, not legal. If you want someone to have the legal authority to care for your child, you must formally appoint them as a guardian in your Will.

Godparents vs. guardians: what’s the difference?

Godparents are often chosen from close friends or family and are expected to support a child’s moral, personal (and sometimes spiritual) development. Their involvement can be lifelong and deeply valued, but it carries no legal weight.

Guardians, on the other hand, are legally responsible for a child if both parents die before the child turns 18. This includes making decisions about education, healthcare, and day-to-day welfare. Without a formal appointment, no one has automatic legal authority to take on this role.

How to appoint a guardian?

The most effective way to appoint a guardian is through your Will. A specific clause should name the person you wish to take on this responsibility. Upon the death of the last person with current parental responsibility, the appointment takes effect immediately.

However, if there’s any dispute, for example, if multiple family members disagree with the choice, the court will intervene. Its priority will always be the child’s best interests, which may not align with your informal wishes.

What happens if you don’t appoint a guardian?

If you die without a Will or without naming a guardian, the decision falls to the court. This can lead to delays, family conflict, and, most importantly, uncertainty for your child. The court may appoint someone you wouldn’t have chosen, simply because there’s no legal guidance in writing from you for them to take into consideration.

Reviewing your Will and your choice of guardian

Even if you’ve already appointed a guardian, it’s essential to review your Will regularly. Circumstances change, your chosen guardian may be older, less able, or no longer in contact with you or your child. It’s also wise to discuss the role with them to ensure they’re willing and prepared to take it on.

Depending on your child’s age and maturity, you might also consider involving them in the conversation. Their views can be valuable, and they help prepare them for the future. 

If you haven’t yet appointed a guardian in your Will, or it’s time to revisit your choice, our Private Wealth team is here to help. We’ll guide you through the process with care and clarity, ensuring your wishes are secured and your child’s future is protected.