lone parent - need to ensure ds doesn't go into care if i die - will advice

[swallowedAfly]

someone some time ago pointed out to me that as a lone parent with no father named on the birth certificate (and no father in his life) if i died my son would automatically be put into care despite the fact he has a close relationship with my parents and they'd be willing to have him. they said that i needed to make a will specifying them as guardians or they'd auto take him into care and then assess everything.

obviously that would be horrendous for ds - if his mum dies the last thing he needs is to be taken away from the rest of his family and put in foster care.

can anyone advise me if this is true and if so what do i need to do - how do i legally cover this eventuality?

thank you for any help

i don't want anyone else to have PR whilst i'm alive. technically that could mean my parents deciding that no we shouldn't move to the other side of the country and taking me to court.

all very unlikely but i like my position of sole pr.

Non-parents can't apply for PR. Only a father currently without PR can, or a married step-parent. They can only get the automatic PR that comes with the making of a residence order.

Oh, sorry

razumov none of my clients are nightmare clients!

My will was about £120 IIRC. Totally worth it.

When I was a single parent I paid the life assurance before buying food to make sure DD would be provided for should the worse happen. I think that's often overlooked but shouldn't be IMO

oh, yes, I have life assurance too. I grumble that so much comes out of my bank for bloody insurance but as a LP I feel I have to have more back up in case the worst happens.

You can also have a freestanding guardianship appointment outside of a Will.

I would definitely have a Will in place - under intestacy rules your assets would pass to you child but at age 18 which you might feel is a bit young. In a Will you can delay this to a later age and have family members look after the assets in the meantime.

I assume the child's father doesn't have parental responsibility?

razumuv ( I don't know what your real life name is), you were saying that you recommended me but you were a nightmare client, I'm just saying that none of my clients are nightmare clients

Heswall - that is a really good kick in the arse for me re life insurance. I had it with my job but I'm self-employed now and plan to be for the foreseeable future so I really should take some out.

no he doesn't have pr.

i agree a child shouldn't come into money at 18 but sadly my parents have no respect for this view and are leaving money to him that will come to him at 18. scares the hell out of me. a large sum of money at 18 would have been a very bad idea for me.

Then you have to advise him and make sure you've such a good relationship that he trusts your advice.

Can you express your concerns to your parents? It's not just the maturity of your DS, but also peer pressure from his friends at that age. At 18 I would have spent most of it on booze...

I think about 25 is a good age to inherit a substantial sum, obviously earlier in the event of marriage / children.

i have expressed it but sadly they won't listen.

Hi swallowedfly they will contact the biological father...hence this thread pricked my ears as ex (no PR or contact thankfully) will piss the house against the wall and abuse ds.
So need to get solicitor asap. Any property/life insurances/pensions etc can go into trust fund.
I will be asking for a foster family to live in my home to ensure ds has no change and goes to same school etc and will inherit house when he is 21yrs old. I have covered my mortgage with life insurance, very expensive as hefty mortgagae (had to remortgage). But covers house for ds.
Oh I have on top ds has SNs so don't know at 21yrs if ds will be able to manage/live alone? So even the future as an 'adult' is just as daughting for me.
But get a solcitor to do it as these home DIY kits you just cant take the risk.