Frequently Asked Questions

Q: What is a testamentary guardian?

A testamentary guardian is a person who is responsible for taking care of the child’s daily and long term needs if there is no surviving parent, and there are no other court orders stating who the child shall live with.

If a testamentary guardian does take up the role of a primary carer, he or she will generally have the same types of powers, rights and duties of a natural parent – such as the ability to make important life decisions on the child’s behalf. Additionally, testamentary guardians also need to  ensure that the child is adequately housed, clothed, and educated.

Similar to the types of considerations you would make in the best interests of your child, deciding who is to be your child’s testamentary guardian is extremely important. Therefore, it’s essential that you have an in-depth discussion with a potential guardian addressing issues such as; how you wish your child to be raised, which may include matters such as, religious and educational considerations. Having such a discussion will ensure that your child will be properly looked in accordance with the wishes of you and your partner.


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