Thinking about your children’s wellbeing is a natural part of being a parent. One way to ensure their future is secure is by appointing a testamentary guardian in your will. This trusted person will step into your shoes for your child if you are no longer there to make those important decisions.
A testamentary guardian does not take over custody of the child, but provides valuable input on major choices that shape your child’s life. Imagine them as a supportive friend who helps navigate big decisions about education (finding the right school), healthcare (important medical procedures), and where your child lives (moving to new towns or going overseas). Their role extends to helping preserve your child’s cultural identity, language and faith, ensuring these values continue to flourish.
Appointing a testamentary guardian is a straightforward process. You simply choose someone you trust, aged 20 or older, who is capable and willing to support your child. By naming them in your will, you officially appoint them as guardian until your child turns 18.
You may only appoint one testamentary guardian. However, it is important to clarify that a testamentary guardian does not automatically take over day-to-day care of your child. Custody cannot be provided for in a will.
This is typically handled through private arrangements with family or whānau or a parenting order established by the Family Court. However, appointing a testamentary guardian gives them the right to apply to the court to be the child’s day-to-day carer if needed. Reassuringly, the court plays a role in overseeing guardianship.
While a named guardian cannot decline the role, they can apply to be removed if circumstances change. Additionally, the court can appoint a guardian if deemed in the child’s best interests, and your wider family can initiate this process. For separated parents, the appointed testamentary guardian becomes a joint guardian with the child’s other parent.
Together, they make decisions for the child’s wellbeing. Ensuring your children are looked after is one of the most important considerations when a parent is sorting their affairs. By planning ahead and naming a testamentary guardian, you can ensure your children have a trusted adult to support and guide them if you are no longer around.
.
