Frequently Asked Questions

Find FAQs related to last will and testaments. This is the place to learn more about wills, trusts, estate planning, holographic wills, living wills, inheritance, and other legal matters

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A child’s Guardian has the same responsibilities to care for the child as a parent

In New Zealand they are known as a Testamentary Guardian. A child’s Testamentary or Will Guardian has the same responsibilities to care for the child as a parent would.  That means the guardian has full legal and physical custody of the child and can make all the decisions about the physical care of the child that a parent would make. A guardian can be anyone: relatives, friends of the family, or other people suitable to raise the child can ask to be legal guardians.

The guardian is responsible for the child’s care, including the child’s:

  • Food, clothing and shelter
  • Safety and protection
  • Physical and emotional growth
  • Medical and dental care
  • Education and any special needs

The guardian is also responsible for supervision of the child and its actions.

 

Category: Guardian

Testamentary or Will Guardian has the same responsibilities to care for the child as their parent

The Care of Children Act 2004 makes provision for a parent to appoint “Testamentary Guardians” for their children through their will.  A Testamentary Guardian will become that child’s guardian automatically when the parent dies and will not be required to make an application to the Family Court.  A Testamentary Guardian can be appointed to care for a child up until that child reaches the age of 18 years (or younger in certain circumstances).

These are sometimes known as a Legal Guardian. A child’s Testamentary or Will Guardian has the same responsibilities to care for the child as a parent would. This means the guardian has full legal and physical custody of the child and can make all the decisions about the physical care of the child that a parent would make. A guardian can be anyone: relatives, friends of the family, or other people suitable to raise the child can ask to be legal guardians.

The guardian is responsible for the child’s care, including the child’s:

  • Food, clothing and shelter
  • Safety and protection
  • Physical and emotional growth
  • Medical and dental care
  • Education and any special needs

The guardian is also responsible for supervision of the child and its actions.

 

Category: Guardian

A guardian is someone you appoint to look after your children (or pets) when you die.

A guardian is someone you appoint to look after your children (or pets) when you die.

The Care of Children Act 2004 makes provision for a parent to appoint Guardians for their children through their will.  The “Testamentary” Guardian will become that child’s guardian automatically when the parent dies, and will not be required to make an application to the Family Court.  A Testamentary Guardian can be appointed to care for a child up until that child reaches the age of 18 years (or younger in certain circumstances).

These are sometimes known as a Legal Guardian. A child’s Testamentary or Will Guardian has the same responsibilities to care for the child as a parent would. This means the guardian has full legal and physical custody of the child and can make all the decisions about the physical care of the child that a parent would make. A guardian can be anyone: relatives, friends of the family, or other people suitable to raise the child can ask to be legal guardians.

The guardian is responsible for the child’s care, including the child’s:

  • Food, clothing and shelter
  • Safety and protection
  • Physical and emotional growth
  • Medical and dental care
  • Education and any special needs

The guardian is also responsible for supervision of the child and its actions.

Category: Guardian

A guardian is the person you choose to care for your child in the event that both parents are no longer able to do so

A guardian is the person you choose to care for your child in the event that both parents are no longer able to do so. Naming a guardian is another valuable benefit that a Will can provide. It is important that you should not name anyone to be guardian, without first asking if they are willing, comfortable and accepting of the responsibility this holds.
In New Zealand they are known as a Testamentary Guardian. A child’s Testamentary or Will Guardian has the same responsibilities to care for the child as a parent would.  That means the guardian has full legal and physical custody of the child and can make all the decisions about the physical care of the child that a parent would make. A guardian can be anyone: relatives, friends of the family, or other people suitable to raise the child can ask to be legal guardians.

The guardian is responsible for the child’s care, including the child’s:

  • Food, clothing and shelter
  • Safety and protection
  • Physical and emotional growth
  • Medical and dental care
  • Education and any special needs

The guardian is also responsible for supervision of the child and its actions.

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Category: Guardian