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In the case of guardians, the following steps should be undertaken following a death:
Determine responsibilities of care: You may have been asked to act jointly with another party to act as guardian. Your individuals roles will either have been determined prior to this point, or this will need to be determined at this stage.
Role of the surviving parent: It is usual, but not always the case, that the surviving parent will assume full custody of any dependents. However, if the parents were divorced this right to custody is not always followed – friends or relations may have been named as the first choice of guardian. Unmarried fathers can only assume automatic custody rights in the event of a parental responsibility agreement being in place.
Social Services decision: The final decision on custody is taken by the local Social Services. Where wishes are expressed within a Will, these will be abided by wherever possible.
Arrangement of funds: It is generally advised that at least one guardian is also appointed as a trustee or executor so that funds can be arranged and distributed conveniently when required.
Make arrangements for care: All requirements should be catered for under Trustee Powers within the Will. Living arrangements and use of funds should be agreed and, as far as possible, specific arrangements for care should be committed to.
Please call us free on 0800 043 2811 for further information.
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