I’m a single parent. How do I appoint a guardian to take care of my kids if something happens to me?

Thinking about what would happen to your children if something happened to you is hard. Making a plan is one of the most caring things you can do — and it doesn't have to be complicated.

You can name a guardian in your will. This person would have the legal authority to take care of your children if you pass away while they are still minors. Choosing the right person is one of the most important decisions in your estate planning.

That said, you don’t have to make a will in order to appoint a guardian for children. This family law form allows you to appoint a guardian to take care of your children if you were to pass away. The form also gives you the choice to appoint a guardian in the event that you become terminally ill or incapacitated. You don’t need a lawyer or notary public to help you complete this form.

When considering who to choose, think about what's best for your children. Consider:

• who your children are close to and comfortable with

• who shares your values about raising children

• where the person lives and whether moving would disrupt your children's lives

• whether the person is willing and able to take on this responsibility

It’s important to talk to the person you’re thinking of choosing. Make sure they understand what's involved and are willing to be guardian. You should also name one or more alternate guardians. An alternate is like a substitute — someone who can step in if your first choice can't or won't act when the time comes.

You can only appoint someone to take on the parental responsibilities that you have. If you share parenting with the children's other parent, you can only appoint someone to take over your specific rights and duties.

If you don't appoint anyone

If you die and your children have no surviving guardian (meaning no other parent or guardian who already has parental rights), the Ministry of Children and Family Development would temporarily be responsible for your child's care while they sort out a longer-term arrangement. In the meantime, the ministry would be responsible for making decisions about your child’s health, safety and upbringing. (If you have concerns about the child welfare system or questions specific to your community, a community legal clinic may be able to offer guidance tailored to your situation.)

Someone could apply to court to become guardian after you’ve passed away, but this takes time and costs money. But you have little control over who that might be. It's better to name someone in your will. Naming someone gives you a say in your children's future. It doesn't have to be a permanent or perfect decision — you can update it as your circumstances change.

Managing money for your children

Your will should also create a trust for any money or property you leave to your minor children and appoint a trustee to manage that money until the age that you choose. Otherwise, their share might have to be paid to the Public Guardian and Trustee, who would hold it until they turn 19. The person managing the money (the trustee) can be the same person as the guardian, or someone different.

If your family situation is complex — for example, if the other parent is not involved or their whereabouts are unknown — a lawyer can help you understand how guardianship would work in your specific circumstances.