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CAN I CHOOSE SOMEONE TO TAKE CARE OF MY CHILD IN A WILL?

 



Naka went to see the doctor and received the worst news. The doctor said that her condition is not getting worse and she needs to have a risky surgery done on her. Naka has been worried after her last doctors visit since she has young children and her husband left them 6 years ago. Naka has worked hard and has a number of businesses and rental that can help to take care of her children, but she is wondering if she can include in her will that her sister Kizza should be the one to take care of her children if anything happened to her.

 

WHAT DOES THE LAW SAY?


A guardian is a person who is not the biological parent of a child (person below the age of 18 years) but they are legally recognised to have parental responsibility over the child. Besides distributing property in a will, a parent can as well appoint a guardian for their children. This guardian is known as a testamentary guardian.


When a parent is choosing a guardian for their child, they have to keep in mind that both parents have the same parental rights, and this right can only be taken away by the court. This does not matter whether they think the other parent is good enough, rich or they have separated. 

Where a person who has been appointed a guardian in a will is not willing to be a guardian or the guardian passed on before the person who appointed them and the will was not updated, then the available parent will continue with their parental duties solely.


Where the child has no available parent and the guardian appointed is not available or willing, consideration will be given to the grandparents or the aunts and uncles of the child. Where none of the above is available or willing, the court will appoint a guardian based on anyone who has applied.

Therefore, Naka can include in her will that Kizza will take care of her children incase anything happens to her.


#Wills4Women #FATEProjectUG, #FATEProject#InspireInclusion #AccelerateProgress #InvestInWomen #InvestinWomenAccelerateProgress


Download your will template here:  https://barefootlaw.org/wills/

Source: BarefootLawyers 

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