Making a plan to raise children if you die too early

If you want someone to raise your children or be involved in their upbringing if you die before the children grow up, you could appoint a testamentary guardian in your will who will take over if you die when your children are still aged under 18.

The person you appoint as testamentary guardian must be at least 20 at the time of the parent’s death.

If the other parent is also a guardian of the children and is still alive, then on the event of your death the testamentary guardian would share guardianship with the other parent.

The testamentary guardian’s role does not include the day-to-day care of the child, but they can make major decisions about how the children are brought up.

They can apply to the Family Court for a parenting order if they want to have or share day to day care of the children.

If the other parent disagrees with your decision about who should be the testamentary guardian, they are entitled to apply to the Family Court to remove that person or appoint someone else instead.

They would have to show that it’s in the children’s best interest to do so.

Once a child turns 18 years of age (or gets married, enters a civil union or enters a de facto relationship), their guardianship ends.

For free and confidential advice and information on this or any other matter visit the Palmerston North Citizens Advice Bureau (CAB) in Hancock Community House, 77 King St.

Opening hours, Mon-Fri from 9am-4.30 pm, call 357-0647 or 0800 367 222.

We have a free legal advice service by qualified lawyers most Thursday evenings at 7.30 pm, and a JP is available on Tuesdays from noon to 2.30pm.

No appointment is necessary for either of these services.