What happens if a chosen guardian refuses?

If someone you name as guardian decides they can’t act, your will steps to the next person you named. If you have no backups or they also refuse, the court will choose a guardian for your children.

Why it matters

Without a willing guardian in place, your children could be left without a clear caretaker. The court might appoint someone you wouldn’t have chosen, causing delays, extra legal costs and stress for your family at an already difficult time.

What happens if a chosen guardian refuses

• Backup guardians take over: Most wills let you name a second or third choice; they become guardian if the first person declines.
• Court steps in: If no one named is able or willing, the family court decides. It looks at close relatives, friends or may involve social services.
• Delay and uncertainty: The court process can take weeks or months, leaving your children’s living arrangements unsettled.

How to prepare for refusals

1. Ask first: Always check with people before naming them so you know they agree and understand the role.
2. Name multiple backups: Include at least two alternates in clear priority order.
3. Record consent: Add a note in your will, for example: “I have discussed this with [Name], and they consent to act as guardian.”
4. Keep details current: Make sure executors have up-to-date contact information for each guardian.
5. Review after life events: Revisit your choices after moves, new family members or changes in your guardians’ circumstances.

Common mistakes

• Naming without permission: Unexpected refusals force the court to step in.
• No backups: Only one named guardian risks leaving your children without a plan.
• Outdated information: Old phone numbers or addresses slow down the process when time is critical.

Next steps

1. Try our Estate Planning Health Check to see how many guardians and backups you need.
2. Draft your will in our paid online service—it guides you through naming primary and secondary guardians with consent notes.
3. Once you receive your will, sign it with two eligible witnesses and store it safely.

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