What is a Guardian?
A legal ‘guardian’ is someone responsible for the welfare and upbringing of a child other than a natural parent. This can come about if a child’s parents die or are no longer physically or mentally able to care for them. A guardian then takes on the role of a parent, ensuring that the best interests of the child are looked after. This is effectively the same consideration whether you are in Dubai, anywhere in the UAE or the UK.
Becoming a Guardian
Becoming a legal guardian means taking on the all the responsibilities of looking after a child in the same manner that a parent would. This includes ensuring that they are properly fed, clothed and attend school. A guardian is be required to make decisions that will directly affect the way the child is schooled, particularly if the child has any special needs.
Being chosen as a guardian is normally a result of an agreement with of the biological parents. It is all about a parent appointing someone they trust implicitly to look after their child if they are no longer able to themselves. The courts become involved only in the situation that there has been no guardian appointed or no-one is willing to take on the role.
How are Guardians appointed?
Whilst it’s not the nicest subject to think about it is only right and proper to consider who will look after your children in the event of your death. This is one of the reasons why making a Will is so important. Not only are you providing financial security for your children but you are also ensuring that they are looked after until they are adults. Appointing a guardian in your Will is one way of ensuring that their interests are looked after. The courts will only become involved if there is no guardian appointed or no-one suitable is willing to take on the role.
Who should be the children’s Guardian?
Guardians are usually close family members such as grandparents, uncles, aunts or siblings but they do not have to be. If there are no close relatives living nearby or none that are suitable in your eyes, then you do have the right to appoint someone not related to the family such as a close friend. It is entirely the choice of the parent. To appoint a guardian, you must have parental responsibility over the child, either as their biological parent or as their official adoptive parent. By putting your wishes in writing in your Will, you have the law on your side.
But don’t just put their name in your Will.
Before you decide to name a person as guardian, you will need to talk to them at length about the role. The most important thing has to be the welfare of the child and that they are being cared for in accordance with yours and their wishes. So you need to talk to your potential guardian and if possible think about talking to your child as well.
The courts will only come into play if no guardian is appointed. However, the ppointing of guardians can be a diificult issue if the situation is less than straightforward, so getting proper legal advice council should be considered if you have any doubts or worries about your particular situation.
