Guardianship Appointment — Guide

If you have children under 18, appointing a guardian in your will is one of the most important things you can do. Without a guardianship appointment, the courts decide who will care for your children if both parents die — which may not reflect your wishes.

What Is a Guardian?

A guardian is the person who will have responsibility for the care and upbringing of your minor children if both parents die before the children reach 18. A guardian has parental rights and responsibilities — including decisions about education, healthcare, and religion.

How to Appoint a Guardian

A guardian is appointed in your will. The appointment takes effect when the testator dies. If you are a sole guardian (e.g. a single parent), the appointment takes immediate effect on your death. If there is a surviving parent, the surviving parent normally becomes the sole guardian but the appointed guardian can apply to the court to act jointly.

This Service

This service adds a guardianship clause to an existing will or is available as an add-on to our will drafting service. A solicitor would advise on: who is an appropriate guardian, how to deal with joint guardians, what instructions (if any) to leave for the guardian, and how to address the guardian’s financial resources.

Frequently Asked Questions

Who should I appoint as guardian of my children?

Your guardian should be someone who: shares your values and parenting approach, is willing and able to take on the responsibility, is likely to be available when needed (consider age and location), has a good relationship with your children, and has the financial means to care for children (supplemented by the estate).

What happens if I don’t appoint a guardian in my will in Ireland?

Without a guardian appointment in your will, the courts will decide who cares for your children. This process can be slow, contested, and may not result in the outcome you would have wanted. Any adult can apply to the courts for guardianship — the court will decide based on the children’s best interests.

Can I appoint more than one guardian in Ireland?

Yes — you can appoint joint guardians. This is common where you want a couple to act together. It is also possible to appoint a substitute guardian in case your first choice is unable to act.

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