Children’s additional care can be a real concern where you have children that depend upon you to fulfill their needs. With this in mind, Laura Richardson considers how children’s additional care can be resolved with effective estate planning in her latest article . . .
Whilst no parent wishes to contemplate the possibility of dying whilst their children are young, it is important that every parent thinks about children’s additional care needs should the worst happen. If you do not formally record your wishes and your child is left without any parents, then unfortunately it will be down to the Courts to decide who should care for your child and, in the meantime, this may mean that your child is required to stay in state care until a suitable guardian can be appointed. Furthermore, the Court may not appoint the same guardian that you would have chosen!
In the majority of cases, formally recording your choice of a guardian can simply be a case of choosing an appropriate guardian for your child who would be willing and able to care for your child should you die before they reach adulthood and including this choice within your Will. In most circumstances, an appropriate guardian is often a relative or close friend who may have children of their own, or a lifestyle that would allow them to easily adapt to provide for your children’s additional care needs. However, when it comes to caring for a child with complex additional needs, your choice of a guardian may be more limited and it may be more difficult to decide on the best person to act as guardian to your child should the worst happen to you. It is therefore important that you discuss your options with any professionals involved in the care of your child, as well as your potential choice of guardian to ensure that they fully understand the nature of the care that your child requires.
In order to meet your children’s additional care needs, it may be beneficial to consider granting a financial provision for your choice of guardian. This should be made within your Will in the form of a lump-sum payment, or a Trust which would allow your child’s guardian to access Trust funds in order to cover specific costs associated with the care of your child. Trusts can be utilised to cover a vast array of financial situations and therefore it is highly advisable to discuss your child’s needs with an experienced solicitor in order to ensure that your child’s interests will be best protected.
At Andrew Douglas Wills & Legal Services, we specialise in all aspects of Will making including provisions for children, guardianships and Trusts and as such we are proud to offer our clients an expert service backed by years of experience. If you would like to discuss how to best protect your children within your Will, contact Andrew Douglas Wills & Legal Services to arrange your free initial consultation. During the Covid-19 pandemic we are offering a fully remote service across the UK, so whether in Braintree or further afield, we welcome your call.
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