Guardians - decision making
How will my appointed guardians make decisions about the upbringing of my children?
The difference between Guardianship & Custody
Firstly, we need to remember the difference between guardianship and custody of children. They generally travel together, that is, the guardian usually has custody, but not always.
The guardian has responsibility for lifestyle and directional decisions (what I often call overarching management decisions).
The custodian has responsibility for day to day care and associated decision making. You cannot make a binding Custody appointment in your Will only a Guardianship appointment.
Guardians usually have custody
This will usually follow unless there is a family member who strongly objects to your choice and runs off to the Family Court seeking Custody.
Guardians have broad decision making power
Guardians generally have very broad decision making authority for the manner in which your child is raised.
What I have found is that guardians really appreciate some written guidelines from you, the parent, about your wishes for the upbringing of your child. For example:
-
Where you would like your children educated?
-
What life experiences would you like them to have?
-
Do you want them to travel?
-
What about paying for higher education?
Without guidelines Guardians and Children are at risk
Guardians are at risk of being accused on the one hand of being tight fisted and stingy and on the other of spending the child’s inheritance on things their parents wouldn’t have approved of. Guardian Guidelines significantly reduce this risk.
Children are at risk of not enjoying the life experiences that you would have wanted for them. Guardian Guidelines significantly reduce this risk.