crossroadslaw.ca | blog
July 10TH, 2023
While most people consider making a will for estate planning purposes, the equally (arguably more) important purpose of a will is the appointment of a guardian for your children in the case of incapacity or death.
Under the Family Law Act, guardianship often includes the rights and responsibilities of caring for and raising a child. These rights and responsibilities generally fall to parents but may also be given to an individual of a parent’s choosing in the case of their incapacity or death.
For most parents, just thinking about naming an alternate guardian for their children is unpleasant enough to put off the task indefinitely.
Unfortunately, too many parents take comfort in the misconception that where both parents become incapacitated or die, another family member will automatically take over caring for their children. The reality is, although this is often the eventual result, the rights and responsibilities of guardianship do not simply pass to a surviving family member. The process to get to that point is not that simple and can involve expensive legal action, even where there is no conflict as to which family member is taking on the care of the children.
Many parents also don’t realize that where there has been separation or divorce, guardianship does not default to a stepparent or partner, and access to the children by extended family is also not a given.
Appointing a guardian, also known as a testamentary or standby guardian, for your child is critical to ensure their wellbeing.
Appointing a guardian, also known as a testamentary or standby guardian, for your child is critical to ensure their wellbeing. This decision guarantees your child will be cared for by the person(s) you believe are best suited for the job. It also ensures important people in your child’s life continue to have access to them. Furthermore, it assists the appointed guardian in assuming their role without resorting to expensive and complicated legal action, especially in the event of your incapacity or death.
Crossroads Law
Most parents do not like to consider the possibility that they will be unable to care for their child at some point in their lives. However, the thought of your child being left in the care of the wrong person, someone who does not share the same values, beliefs and culture, is unbearable. All parents, especially those facing progressive illness, should talk to their lawyer about guardianship arrangements for their children in the event of death or incapacity.
