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Every parent wishes to watch their child grow from a baby to an adult. However, destiny might hold something else. Although we never wish something like this happen to you, have you ever thought of what it would be like if you ceased to be present for your little kid for the rest of their life? To ensure a strong future for your child, including legal guardianship in your estate plan is crucial. Reaching out to Guardianship Lawyers Perth WA will help you assess the situation better, as they would provide the perfect advice on providing this provision in the will.
In this blog, we will provide the necessary details about guardianship in Australia and will discuss its importance and the roles and responsibilities of someone appointed as a legal guardian.
In simple words, this means choosing to appoint someone who will act as a legal guardian and, make decisions on behalf of children and provide them with the necessary care to ensure a good upbringing. If the parents die suddenly, a legal guardian can be the ray of hope for the child who will ensure their well-being and proper nurturing.
Parents must specify who this individual is going to be while developing their estate plan upon consultation with an expert estate lawyer in Perth.
While making an estate plan, apart from specifying the finances, it is equally important to think about someone to take care of your child in the event of the sudden deaths of both you and your spouse. By specifying a legal guardian, you can ensure the proper nurturing of your offspring with your consent to avoid hiccups in the future course of their life. Apart from this, according to the law related to guardianship, the guardian will be accountable for the finances of your child until they reach adulthood, which will also be beneficial in managing the inheritance specified in the will.
Ensuring to appoint a legal guardian after your death for your minor child will provide you with a worry-free life because they will be in safe hands. An estate planning in Perth that includes the provision of legal guardianship is the best gift and insurance you can provide to your child if you are not present to take care of them for the rest of their childhood.
Legal guardianship relates to the legal duties of an adult to take of a child. It provides the adult the authority to make choices on their behalf that are similar to what the parents would have done. The authorities and responsibilities vary across the states of Australia, and it is necessary to consult with Guardianship Lawyers Perth to clear the air surrounding it.
In the broader sense, the responsibilities include decisions pertaining to the minor’s education, health, and well-being. Legal guardianship is a way to ensure a kid’s proper upbringing if both their parents have deceased.
The duties of a legal guardian include:
1. Giving a secure and nourishing home to the child
2. Deciding about their essential needs, such as health and education
3. Staying in contact with the child’s family members if necessary
4. Taking care of the minor’s finances until becoming an adult
5. Considering the best interests of the child always
However, it is crucial to know that the law related to guardianship specifies some areas where the guardian cannot decide on behalf of the child. They cannot make autonomous decisions on special healthcare, which involves abortion, sterilization, and/or tissue donation. Moreover, they are not entitled by law to decide on ‘special personal matters,’ which include making or breaking a will, marriage, and/or giving up a minor for adoption. Finally, guardians do not have the right to finalize decisions about the property and finances of the child.
Making sure that you, as a parent, have included legal guardianship in your estate plan is of utmost importance for your children’s future. The best guardianship lawyers will assist you in the process by providing perfect suggestions to better understand the situation and its outcomes and provide clarity and peace of mind.