Guardianship is the legal declaration of appointing a nominee who will be responsible for your minor children in absence of you and your spouse.
Guardians should be appointed for minor children (below 18 years) and for persons with special needs.
Specify who you would want to look after your minor children, without having to complete your Will. It’s a great solution for parents who aren’t quite ready to start their entire Will but still want to make sure their kids are looked after by someone they trust, and kids are fond of.
Make sure your children are in safe hands
As your child’s natural guardian, you know what’s best for them. If something were to happen to you, make sure that your children will be with someone you know and trust. Stating your preferences in an attorney-designed legal document makes sure the decision is yours, not the courts.
Your kids. Your choice.
When you choose guardians for your children, your decision should be legally binding. Make sure your preferences are legally binding.
Why should you appoint a Guardian ? 1. Court can hand over the child to a wrong person who may not be an ideal guardian. 2. Custody of the child can be challenged by next of kin in the court. 3. Expensive & long litigation process ( typically 6 months to 1 year) for appointing a guardian causing stress and uncertainty for the children.
What is the difference between guardianship and parental rights?
When you appoint a person as guardian for your children it in no way interferes with your parental rights unless you become physically or mentally unable to provide appropriate care for your kids. In addition, you can terminate guardianship appointments at any time if the person you chose is no longer your first choice.
For whom this Guardianship document is ideal?
All responsible parents should appoint a guardian to secure their children in case they are no longer around or are unable to take care of their children. However, there are some special segments who shouldn’t ignore this. • Married Couples with minor kids • Married Couples with kids with special needs • Single parents • Separated Couples with kids • Divorced Couples with kids • Live-In Partners with children
Who should I choose as a guardian for my children?
When thinking about appointing a guardian for your children, it’s important to choose someone responsible and trustworthy. Family members, friends and other loved ones are all appropriate choices. It’s also important to choose backup options in the event your first choice is unable or unwilling to take on the job. Having a conversation with your first-choice guardian in advance is always a smart move.
Do I need to register my Guardianship Nomination documents?
If you are based out of Chennai, Mumbai and Kolkata, registration of the guardianship document is mandatory. For other places in India it is not, however we highly recommend you to register guardianship documents to add more credibility. We can help you with explaining the registration process and the steps you need to take.
My spouse will become the default guardian, why should I appoint another guardian?
Yes, your spouse will be the primary guardian by default. However, without specifically appointing your spouse as a primary guardian, relatives can challenge the competency of a surviving spouse. You can ensure your spouse is given all rights and responsibilities legally to avoid any challenge. A backup guardian for your child can ease some pressure off your spouse and help him/her make better decisions.
What is the difference between guardianship and custody?
Legal custody is what a court would grant if there’s ever a dispute regarding where a child should live. Legal guardianship is what a court may grant someone other than a biological parent. It would give an adult the right to care for a minor. Parents assume guardianship by default, but in cases where a parent is absent or unfit, the court may step in and appoint someone else to the role.
Is Guardianship document legally binding?
This document is prepared by expert lawyers who have handled thousands of guardianship cases. Rest assured that this document is 100% legal and will stand in any Indian court.
How can I financially secure my child so that guardians will be able to support them better?
You can secure your children financially by creating a Will in which you can give some estate to guardians, or alternatively you can set up a trust for the children which can be used by the guardian to cover expenses of your children.