"Wealth is not his that has it, but his that enjoys it"
"Wealth consists not in having great possessions, but in having few wants"
"Time is the most valuable thing a man can spend"
- Laertius Diogenes
"The glow of one warm thought is to be worth than money."
"I don't care too much for money for money can't buy me love"
- The Beatles
"Simple, genuine goodness is the best capital to found the business of this life upon. It lasts when fame and money fail, and it is the only riches we can take out this world with us."
-Louisa May Alcott, Little Men
"And though I have the gift of prophecy, and understand all mysteries, and all knowledge, and though I have all faith, so that I could remove mountains, and have not charity, I am nothing."
"Not he who has much is rich but he who gives much"
"Life is what happens to you while you are busy making other plans"
"I pity that man who wants a coat so cheap that the man or woman who produces the cloth shall starve in the process"
Appointing Guardians and Parental Responsibility
Appointment of Testamentary Guardians
The appointment of guardians and the rights they have are governed by the Children Act 1989, s5. A guardian can only be appointed in accordance with that section. A parent with parental responsibility may appoint a guardian by Will or by a document which he dates and signs and which provides that the appointment only takes effect on his death.
The appointee will become the child’s guardian if, at the death of the testator:
A. No parent with parental responsibility survived him;orB. there was a residence order in his sole favour relating to the child.
Without prompting, clients rarely contemplate the appointment of testamentary guardians. But they constantly accept that such an appointment is highly desirable if both parents are to die before their child is eighteen. Section 2 (1) of the Children Act 1989 provides that where a child’s mother and father were married to each other at the time of the child’s birth, they both have automatic parental responsibility for that child. (Same applies to children born as a result of AID) If the parents aren’t married the father can apply for parental responsibility through the court and be granted an order, agreement with the mother which has to be signed and witnessed in court or via a residence order.
If the father has already acquired a parental rights and duties order under the Family Reform Act 1987, this will automatically be deemed to be an order under the Children Act 1989. In 2003 the Children Act was reformed. The parents of the child no longer had to be married to both have automatic parental responsibility for the child. Both the father and the mother just have to be named on the child’s birth certificate. You can choose to legitimate the child by later getting married.
A GUARDIAN CAN ONLY BE APPOINTED IN ACCORDANCE WITH THE CHILDREN ACT 1989, SECTION 5
More than one person may have parental responsibility for the same child at the same time.
Where more than one person has parental Responsibility for a child, each person may act independently without the other(s) in discharging that liability. This power is subject to any statue requiring the consent of more than one person in any matter affecting the child.
The fact that a peron has parental responsibility for a child does not entitle him to act in a way incompatible with any order made in respect of the child under the 1989 Act.
Though a person who has parental responsibilty may not surrender or transfer any part of it to another, he may arrange for some or all of it to be met by one or more persons acting on his behalf. A person acting on his behalf may already have parental responsibility for the child. An arrangement will not affect any liability the person making it may have as a result of failing to meet any of his parental responsibilities for the child concerned.
Contact Society of Will Writers Member - Alan Moran
Readers should not rely on, or take any action or steps, based on anything written in this guide without first taking appropriate advice. Interface Financial Planning Ltd cannot be held responsible for any decisions based on the wording in this guide where such advice has not been sought or taken.