Guardianship for Children When Parents Pass Away
One of the greatest concerns for parents when writing a will is the well-being of their children in the event of their untimely demise. It’s natural to worry about who will care for them and debunking common myths surrounding this topic is essential. This article aims to shed light on the process of appointing guardianship for children and how parents can play a vital role in ensuring the right decisions are made.
Appointing A Guardian
When children lose their parents before reaching the age of 18, the responsibility of appointing a guardian falls to the Family Court. The guardian assumes the vital role of caring for and raising the children. But how does the court determine the most suitable guardian? There is no predetermined “next of kin” list. The court’s decision is guided by the best interests of the child, taking several factors into consideration.
Factors Considered by the Court
The child’s age plays a significant role in the court’s decision-making process. As children grow older, their own preferences and wishes are given more weight. Additionally, a social worker is involved in the process, meeting with the children, family members, and other important individuals in their lives. Through these interactions, the court gains insights to make an informed decision.
The Importance of Expressing Parental Wishes
Parents can greatly influence the court’s decision-making process by expressing their preferences in their wills. The court attaches significant importance to the wishes of the parents and generally adheres to those wishes unless extraordinary circumstances arise. In fact, the Legal Capacity and Guardianship Law, 5722-1962 (section 64) stipulates that preference will be give to the parents’ choice. It is important to note, however, that the court is not merely a rubber stamp, and it thoroughly considers all relevant options before making a final decision.
Preferred Guardians and Alternative Solutions
In most cases, guardianship is granted to a capable and willing family member. Only when there are no suitable family members available does the court explore other possibilities. Close family friends can be considered as an option. The court and social services do not hastily resort to foster care or other alternatives.
Furthermore, if a capable and willing family member resides abroad, that option is not automatically dismissed. While it does factor into the consideration of the children’s best interests, it does not completely exclude the possibility.
If you are uncertain about naming a specific guardian, you can provide general direction or instructions in your will. This may involve specifying individuals you would not want as guardians or providing broad criteria, such as specifically requesting that it be any of your siblings, or specifically asking for someone who is based in Israel and not abroad.
The Weight of Parental Preference
Although the final decision rests with the court, the opinions and preferences of the parents carry significant weight. This is true not only regarding the identity of the chosen guardian, but also for any instructions the parents choose to give to the guardian, about how their children should be raised. It is highly recommended that you clearly outline your wishes in your will to ensure they are taken into account during the guardianship determination process.