Under New Zealand law, a parent can name a trusted person in their will to become a guardian of their child after their death. This simple step can help ensure that someone the parent trusts will continue to advocate for their child’s wellbeing and interests if they are no longer there.
What is a Testamentary Guardian?
A testamentary guardian is responsible for helping make important decisions about a child’s upbringing, including matters such as:
- Education
- Medical treatment
- Religious upbringing
- Cultural identity and connections
- General welfare and development
A testamentary guardian becomes a guardian alongside any surviving guardians and can play an important role in ensuring the child’s best interests remain the focus of major decisions affecting their life.
It is important to understand that a testamentary guardian does not automatically gain day-to-day care of the child. If they wish to take on the child’s daily care, they may need to apply to the Family Court for parenting orders.
Why Testamentary Guardians Matter to Grandparent and Whānau Carers:
For many families, grandparents, aunties, uncles, and other whānau members already provide significant care and support for children. In some cases, they may be helping raise mokopuna or stepping in during times of illness, separation, or family crisis.
Appointing a testamentary guardian can:
- Ensure a trusted person has legal standing to participate in important decisions about the child’s future.
- Help preserve the child’s connections to whānau, culture, language, and community.
- Provide clarity about the parent’s wishes if disagreements arise after their death.
- Give grandparents and other caregivers a stronger foundation for supporting the child during a difficult time.
For whānau carers, a testamentary guardianship appointment can provide reassurance that the parent has formally identified a trusted person to help protect the child’s interests and maintain important family and cultural connections.
How Do You Appoint a Testamentary Guardian?
The process is relatively straightforward:
- Choose someone you trust to act in your child’s best interests.
- Discuss the role with them to ensure they are willing and able to take on the responsibility.
- Include the appointment in your will with the assistance of a lawyer or qualified will writer.
- Review your will regularly, particularly if family circumstances change.
Parents should seek legal advice to ensure the appointment is properly documented and reflects their wishes.
Planning Ahead Protects Children:
No parent likes to think about what might happen if they die unexpectedly. However, careful planning can provide certainty and guidance for those left behind.
For grandparents and whānau carers, understanding testamentary guardianship is an important part of ensuring that children remain connected to the people, values, culture, and communities that matter most to them.
A simple provision in a will today could make a significant difference to a child’s future tomorrow.
Written in collaboration and with thanks to Waitematā Community Law
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