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how does one secure 'gaurdianship' for your children

14 replies

flopseybunny · 15/11/2004 13:33

have been reading another thread in step parenting and didnt want to hog it by asking there,
was just wondering how many single parents have 'living wills' made and have thought about who looks after their kids if some thing should happen to them.
i dont think it's too morbid a thought to consider these things, it's just being reponsible. i have a life insurance policy and cover if i loose a limb etc and cant work, i feel it's important to think of these things.

so how do i go about securing gaurdianship?. thanks for your time, any advice would be good

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DillyDally · 15/11/2004 13:33

Don't know but am very interested in response so good question!

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flopseybunny · 15/11/2004 13:40

me too dillydally, lets just hope there's some solicitors on line this avo.
actually i've heard of a website were you can write your will, but i think it's as expensive as going to a brief.

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Titania · 15/11/2004 13:42

I have got this.......my sister has signed me as my nephews legal guardian should anything happen to her (not sure if its still the same since we fell out) my sister got legal aid and went to a solicitor and had a certificate of leagal guardianship drawn up. she also made a will which states I am to become my nephews guardian.

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beansmum · 15/11/2004 13:43

I was wondering about this too, must organise something. Can you write some kind of will which covers what happens even if you don't die? Like if I went to prison or was in hospital for ages.

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Twiglett · 15/11/2004 13:44

you ask someone to be guardian if you die

then you write a will

simple

(BTW I think, but wait to be corrected, that a 'living will' means whether they should turn off your life support or not)

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beansmum · 15/11/2004 13:50

But is there some way of making arrangements for care if you are just away for ages, something official I mean, that beans dad would have trouble arguing with?

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flopseybunny · 15/11/2004 13:54

possibly a certificate of gaurdianship would cover this too beansmum, you may be able to add that in there when going over it with solicitor.

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Hulababy · 15/11/2004 16:47

Guardianship wishes an be easily included in your will. However, you should also note that these are only wishes, adnd they are not guaranteed. In other words, they can be challenged - same as anything in your will. However, f it did go to court your wishes would be taken into account but the overall riding thoughts in the courts mind is what is best for the children.

Living wills can be made with a solicitor also. However, I am pretty sure but can check wth DH later (he's a solicotr specialising in wills / probate / trusts / etc.) living wills are not legally binding documents.

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tammybear · 15/11/2004 16:51

I have my will sorted, on there I have said that I exclude exp from it, and that I wish my mum to be guardian if I pass on. I was told that if I did pass on, social services will look to see what is best for the child. My mum would have an advantage that Ive put it in my will, but it wont mean she'll get guardianship if exp turns around and says he wants dd to go to him. Social services then speak to mum, then exp, and dd if shes old enough, and they would not want to disturb her too much so it would be more favour to my mum as they see each other nearly every day and mum lives nearby, where as exp sees dd once a month maybe and lives 3hrs away. Like hulababy said, they cant guaranntee your wishes will be met though. HTH

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joash · 15/11/2004 23:09

Hi, don't know if this will help.

I have recently been given a full residency order on my grandson by the court (it means the same as 'custody'). The order states that he will not, now or in the future, be rehabilitated with his parents, regardless of circumstances. We have parental responsibility for him until he is 18. We were advised to make a will stating what should happen to grandson if anything happened to me and DH.

We discussed this with my brother and his wife, who are keen that our kids should go to them in such an event. They came with us to the solicitors, were present and witnessd our wills and we are assured that it is extremely unlikely that anyone could argue against grandson going to them.

The other thing is, if you have never been married to your child/childrens father, he might not have any legal rights to them anyway - I think this depends on when they were born.

Perhaps you should speak to a solicitor, there are quite a few who offer the first half hour consultation free of charge.

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Loobie · 16/11/2004 18:31

Me and exp were never married so he has no parental rights to the kids anyway,and he's not named on their birth certificates.I had a will written up making friends legal guardians of the kids should anything happen to me,i got it done for free as i got legal aid .

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flopseybunny · 17/11/2004 14:33

thanks for all your help and advice, will set an appointment soon with a solicitor, just needed to put my mind at rest and i guess i knew i needed to sort something out; it's been on my 'to-do' list for a while.
thanks again every one.

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fruitful · 17/11/2004 15:04

If you're quick you can use Will-aid . During November participating solicitors will do your will for free. In return you make a donation to one of their charities (NSPCC, Red Cross, Christian Aid...). Suggested donation is £65 but you can donate a fiver if thats what you've got. But its only for November.

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flopseybunny · 19/11/2004 23:33

thank you fruitful i've never head of this before, i think it's brilliant. have found a few solicitors near by and will be ringing to make an appointment.

thank you

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