How To Appoint Legal Guardian After My Death

Melsypop

I’m trying to find out how to appoint my eldest daughter (who’s over 18 years old) as the legal guardian of my other children in the case of my death? 

Long story short, I have 5 children but as the eldest are 16 & 18 years old, it is important for me that I have the necessary paperwork/protection in place whereby my daughter can be the guardian of the youngest 3 children and she is responsible for all decisions regarding their future including where they live, who they live with, their education and so on. 

My youngest 3 children have a different father than my older son and daughter but due to a history of emotional, financial and sometimes physical abuse during the decade I was in a relationship with him, i don’t want him having control over these things. He is named on their birth certificates so is it even possible for me to make my daughter their legal guardian? Or would their father automatically be given custody and control over such matters? 

silvercar

That’s a lot of responsibility to put on an 18 year old! If the father wanted to contest it, it would put a lot more pressure on her. A court may also have to decide whether your will or the father’s rights take precedence, dragging the younger kids through more upheaval.

I would have thought the father would have rights, unless his abuse has been proved.

RAS

A lot depends whether the abuse was solely towards you, or towards the children. Were social services involved? Any safeguarding issues?

theoretica

If he has parental rights, you cannot take them away with just a will.  You can appoint other trustees to look after any money the children inherit.

p00hsticks

I've no personal experience of the situation, but my understanding is that what the children themselves want will have a lot a weight, and in this case I would imagine both the younger children and the elder ones would be asked how they feel about the latter looking after the former....

Spendless

How old are the younger 3, I suspect weight would be given to their views if they're over a certain age  but perhaps not if they're all pre-schoolers.

I'm guessing that you have discussed this with your 18yo? What's your contingency plan if said 18yo wanted to move away to Uni for example or take a job abroad. Have you also discussed this with the 16yo, because within 2 years they too will be an adult at that point would you expect both older ones to step in if something was to happen to you after both older offspring are adults?  

Marcon

Melsypop said:

I’m trying to find out how to appoint my eldest daughter (who’s over 18 years old) as the legal guardian of my other children in the case of my death? 

Long story short, I have 5 children but as the eldest are 16 & 18 years old, it is important for me that I have the necessary paperwork/protection in place whereby my daughter can be the guardian of the youngest 3 children and she is responsible for all decisions regarding their future including where they live, who they live with, their education and so on. 

My youngest 3 children have a different father than my older son and daughter but due to a history of emotional, financial and sometimes physical abuse during the decade I was in a relationship with him, i don’t want him having control over these things. He is named on their birth certificates so is it even possible for me to make my daughter their legal guardian? Or would their father automatically be given custody and control over such matters? 

You need to discuss this with a solicitor and get some properly informed advice, based on a full understanding of all the relevant facts. Relying on a free forum where anyone could answer, based on such limited information, isn't a safe way to proceed.