Q. I am a single mum with a 2 year old daughter. I would like to make a will to appoint my mother to become her Guardian in the event of my death. Can I do this?
A. Yes. As a mother you are entitled to appoint a Guardian under the Children Act. You may do this in a Will or by a separate document which you would then date and sign. Your mother would only become your child's guardian if, at the date of your death, there was no other person with "parental responsibility" (PR).
PR means the right to look after and make decisions about a child's welfare. All mothers are automatically granted PR by the Act, as are all fathers who are married at the date of birth. However, if a father is not married to the mother at the date of birth then the will not have PR for that child. He can, however, subsequently obtain it by obtaining an order of the court, or by marrying the mother.
Q I am not married and in fact I have not seen the father since I fell pregnant.
He is not interested. Does this simplify matters?
A Indeed it does. It means that, assuming things remain as they are, the
appointment of your mother as Guardian would be effective on your death.
It is, of course, important that you obtain your mother's consent before making the appointment. You should also be aware that your mother would have the power to appoint another individual to take her place in the event of her death.
Patterson, Glenton & Stracey have 125 years experience of providing legal services to the people of South Tyneside. Their expertise spans the whole range of legal services including property, litigation, matrimonial and wills and probate. Advice in this column is for information only and should not be used as the basis of legal action. Questions about legal problems should be forwarded to at Patterson, Glenton & Stracey, Law Court Chambers, South Shields, Tyne & Wear NE33 1AW.
