Select a children's guardian
A testamentary guardian is an adult responsible for raising a child under 18 years if the parents pass away.
About testamentary guardians
A testamentary guardian is an adult designated to be responsible for the welfare and upbringing of minor children (under 18 years). A guardian can be nominated to act:
- if both parents die
- or jointly with the surviving parent.
The arrangement continues until the child turns 18.
What a guardian does
A guardian generally makes decisions on:
- day-to-day responsibility for the children
- where they live and education choices
- health, religious and welfare directions.
What to consider
Being appointed a guardian carries a lot of responsibility. You’ll want to talk to the prospective guardian, as well as children old enough to understand the situation. This could avert any potential misunderstandings or conflict.
If a trust is set up for the children, it's recommended the role of guardian and trustee be separate to avoid any potential issues of financial conflict.
Parents may also wish to provide for alternative guardians who can step in if their first choice is unable or unwilling to take on the role at the time of their death.
Learn more about appointing a guardian for children at NSW Trustee & Guardian.