Who can be a legal guardian for my children?

A legal guardian is the person you choose to look after your under-18s if you die. It can be a parent, grandparent, close family member, friend or anyone you trust.

Why it matters

If you don’t name a guardian, the court decides who cares for your children. That can mean delays, stress and uncertainty for your family. Choosing someone you trust, who shares your values and can provide a stable home, gives your children security and peace of mind.

Who can act as guardian

• Age and capacity: They must be at least 18 and have the mental and physical capacity to care for children.
• Relationship: Common choices include:
  • Surviving parent or step-parent
  • Grandparents
  • Aunts, uncles or adult cousins
  • Close family friends
• Location: Ideally someone based where your children live or are familiar with the local school and community. Guardians living abroad can still act, but practical and legal issues may arise.
• Willingness and suitability: Always ask first. They need to agree and understand the responsibilities—financial, emotional and legal.

How to choose wisely

1. Discuss it early: Make sure they’re happy to take on the role and understand what it involves.
2. Consider values and lifestyle: Think about schooling, religion, routines and the kind of home you’d want for your children.
3. Name backups: Life changes—illness, moving house or other commitments—so add a second choice in case your first picks can’t act.
4. Keep family in the loop: Let close relatives know your choice to avoid surprises and conflicts later.

Common mistakes

• Not asking permission: Naming someone without asking can lead to a guardian refusing or being unprepared.
• Overlooking practicalities: A guardian should live near your children’s school or be willing to move.
• Ignoring age limits: You can’t name a guardian who is a minor themselves.
• Forgetting updates: Guardians you choose in your 20s may not suit your needs in your 40s; review your choice regularly.

Next steps

1. Try our Estate Planning Health Check to see if guardianship clauses apply to you.
2. Complete your details in our paid online will-writing service—it guides you through naming primary and backup guardians.
3. Once you receive your will, sign it with the required witnesses and store it safely.

‍