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Legal, pensions and money

If the worst was to happen.....

(13 Posts)
Kim Fri 09-Jan-15 08:51:29

I need some advice: I have a grandson of three and a half, and both his Mum and Dad work long hours. I look after him two nights and one day each week. If the worst was to happen, and both his parents died, what rights do I have? My daughter and son-in-law have both said they would want me to look after the boy, but there is nothing written down on paper about this, and I have heard stories of social workers taking children away into foster care. My grandson has a much older half-brother, who would almost certainly not want to have to look after his little brother, but who can say what would happen in these circumstances? There is also another grandma, but she is looking after her very frail husband and is also quite elderly herself. My daughter has suggested I draft a letter for her and her husband to sign. I need to know what needs to go into the letter. Can anyone help?

Bez Fri 09-Jan-15 09:01:27

Most solicitors will give half hour of free advice - maybe one would give you an idea of what needs to be written. My DD and SiL had me down to care for the children and if that not possible their father's brother.

sunseeker Fri 09-Jan-15 09:26:09

Have your DD and SiL made Wills? If not they could do so and in those Wills can make provision of who would take care of any children. If they have made Wills they could simply do a codicil making provision.

rosequartz Fri 09-Jan-15 09:29:58

There is another recent thread on this subject, perhaps someone can post a link (can't do that on my tab)

Yes, they need to name you as guardian in their wills.

Kim Fri 09-Jan-15 11:34:42

They haven't made wills and at the moment are not in a position to do so - though I know how important it is.

Elegran Fri 09-Jan-15 11:54:31

You could go and see the Citizens Advice Bureau - at the very least they could direct you to a solicitor who would give you a free half-hour of advice, and they might have a sample letter that would help you to write yours.

felice Fri 09-Jan-15 14:15:30

Here you can go to the local Commune(registrars office) and state in your childs health book who you want to look after them in event of your death or permanent disability, I am named with friends of DD and SIL, it can be changed depending on circumstances, one young friend died recently and she has been removed from the care list. It costs nothing and is legally binding.
both parents always have to agree to the peaople named.

rosequartz Fri 09-Jan-15 15:00:37

Kim you say they are not in a position to do so; if the reason is financial then some solicitors will do your will for free if you leave a certain amount to a charity, say £100 or so to Cancer Research. They will do 'mirror wills' for a couple.

Kim Sat 10-Jan-15 14:36:20

Thank you for your responses.

KatyK Tue 13-Jan-15 13:30:46

I believe once (or even twice) a year they have a 'free wills month'.

richardjohnson Tue 05-May-15 11:45:14

If your grandchild’s parent are willing, they can create a power of attorney that gives you temporary authority to make specific decisions for their child. Once power of attorney is signed over, you have whatever legal rights are specified in the document. For example, you might be given legal authority to seek medical care for your grandchild or register him or her in school.

HildaW Tue 05-May-15 12:04:01

Many years ago my sister and her husband (their children were a few years younger than ours) wrote their joint wills naming us as guardians should the worse happen. Thus I know legal steps can be taken to ensure against uncertain futures. Many solicitors are willing to have open-ended chats on the phone about such things. I think the general rule is that if the do not have to 'start a file' there will be no charge. So just have a chat with your daughter and get her to have a conversation with a recommended solicitor.

Marmight Tue 05-May-15 12:24:42

I think it's essential to have this done legally. Late DH and I asked friends to act as guardians for our 3 children and this was written into our wills. They in turn have all made wills with similar instructions.