Guardians of your galaxy

Our children depend on us to be there for them, it’s a natural instinct to love and protect them and that’s exactly what we do every day. As responsible parents, it’s important we set time aside to answer the “what if” questions. Such as “what if I’m not here to see them grow up?” or “what if neither my partner nor I am here?”  We don’t want to think of these things and it’s easy to turn a blind eye, after all, what are the odds? Turns out 10 out of 10 people die of death, yikes… So take the time now to prepare for any outcome.

What is a legal guardian?

A legal guardian is someone who is responsible for the upbringing and overall care of a child. There are a few different types of guardians: a natural guardian, a testamentary guardian, court-appointed guardians, guardianship of the court. To find out the differences of each one visit the justice.govt.nz website.

Why would you name a guardian?

Assigning a guardian in your Will is one of the most important decisions you can make for any children you have under the age of 18. A guardian is only needed if both parents pass away, or if one parent passes away and the remaining parent is not capable of being a guardian. If you don’t name a guardian in your Will anyone can come forward and make a case for guardianship. It’s ultimately up to the Family Court to determine who should look after your children. If you have a Will they will take into account your wishes but without one, there might not be any evidence of your wishes so you would lose your voice in the matter.

What’s a guardian’s responsibility?

Whoever you choose to be your child’s guardian will be responsible for contributing to their overall welfare and upbringing. A guardian appointed by a Will (testamentary guardian) can make key decisions such as where your child lives, goes to school, or any changes to their name, but it doesn’t automatically mean they’re responsible for the day-to-day care (custody) of your children.

How to choose a guardian?

If you’re not around, you want to make sure your children are going to be taken care of financially but also that they’re brought up in a happy home and taught the necessary values you believe in. Sure you may know a lot of amazing people but that doesn’t mean they would all necessarily fit this role. You want to make sure that the guardian you choose shares similar values to you since they will have a large role in the way your child is brought up.

When you do narrow it down to someone who you think would be a wonderful guardian, make sure you talk to them first and ask their permission. Both you and your potential guardian should be comfortable with the decision, and understand how this choice could affect anyone involved should the worst happen.

If they agree, have a good conversation with them about some of your values and the hopes you have for your child's future. We also suggest creating a Letter of Wishes when naming a Guardian – this is a document that outlines how you want your children raised when you’re no longer there. This isn’t a legally binding document, but it can offer your Guardian some guidance on things such as: which schools you wish your children to attend, or where you want them to live, etc.

When should you include an interim guardian?

If you’ve named a guardian who lives overseas, perhaps a family member from your native country, you need to take into consideration the time and admin it takes for them to get to New Zealand. You’ll want to make sure your kids are looked after immediately so it would be a good idea to name an interim guardian while your overseas family/guardian is trying to find their way to New Zealand.