Guardianship in its widest sense includes custody and embraces the care and control of the minor’s person as well as the administration of his/her property and business affairs. Guardianship in some instances where the parents are alive can be awarded to third parties, although done with exercising extreme caution. The courts are not quick to deprive natural guardians (mother and father of a minor) of their rights unless it is the best interests of the minor child.
Guardianship involves acting on the child’s behalf, it may entail to sue on behalf of the child, enter into and conclude contracts as well as manage/transact in the property of the child. A guardian must act in the best interests of the child. All decisions and undertakings must be done to the benefit of the minor child, which principles the natural guardians (parents) are expected to be guided by. In the event that both parents have passed away then guardianship may be acquired by making an application in the courts of law, and proving that the child has been orphaned and you intend to become the minor’s guardian as it will be in their best interests.
Parents often overlook the importance of the children’s lives after their death, especially if they are still minors, and leave no provisions or plans of which particular adult will take over the role of being the minors’ guardian. Be a parent that does not gamble with their child’s future – plan ahead and put in place safeguards that ensure that your child/ren are taken care of even after your death. Let your wishes be carried out and not the general thoughts of a family tribunal. Plan accordingly for your child/ren, and elect trustworthy adults who will have your child/ren’s best interests at heart always, and will not plunder their inheritance.
Be wise and prudent when it comes to the affairs of your children, and their inheritance! #MakeAPlan
This article is published for information purposes only – seek the advice of a Lawyer.
