It’s not uncommon that a person will play the role of legal guardian within their family; perhaps looking after the interests of elderly relatives or children in need of support. The question of how such individuals are compensated for acting as legal guardians is a complex one, but it is one that people taking on these roles need to consider before they make a commitment to continue acting in this way. This is especially true if they are going to be making financial decisions, such as the decision to purchase memorial products, for other family members.
The role of a legal guardian has evolved over the course of British history. As it stands today, it is defined by a legal and financial responsibility towards another party. In many cases, a legal guardian will be involved in the care of a child or young adult, but there is an increasingly common case whereby firm friendships and ties between individuals lead to the assumption of the role of guardian.
The term ‘role of guardian’ can be used to indicate that a person is not acting simply out of familial obligation, but because they have assumed legal responsibilities for the child or adults being cared for. Modern guardians should be aware of the extent of their obligations and what is expected of them. Many aspects of these duties can be arranged with the consent of those that are under guardianship, but not all of them can. For example, the purchase of memorial products, once a usual occurrence, tends to take place under more specific circumstances today. This means that those who would traditionally have bought memorial products and made arrangements for a deceased loved one may no longer be able to do so.
While guardians are not classified as liable for the debts of those they look after, a parent that passes away can leave behind a legacy of reportedly £15,000 of debt. Not only will the departing leave loan sharks, credit card companies and other semi-legal lenders chasing the named guarantors of loans, but he or she is also likely to have left behind funeral arrangements that need to be taken care of.
In such a scenario, the choices for a guardian come down to either selling off assets or finding a way to cover the cost, to the detriment of their own finances. This does happen. A recent report from Money Advice Trust revealed that most guardians of small children that are taken under care of local authorities do so solely because of the debts that have been left behind to them.
Memorial products and gravestones could be said to fall under a separate category. Under British law, the purchase or upkeep of memorial products cannot be enforced by guardianship – even where a parent leaves behind an estate package worth thousands of pounds. When warranties and letters of appointment are taken into consideration, even sympathetic funeral houses will not allow their services to be rendered without payment through a guardian.
This can cause problems for parents who depend upon the support of a guardian to look after their affairs. While many parents have not yet made end-of-life arrangements, the issue of guardianship should be considered. Should a situation arise in which a parent passes away, they have the choice to grant sufficient funds and instructions for a guardian to proceed as the parent had intended.
Ideally, the role of a guardian should be issued as a legal appointment. This is particularly useful when trust funds are involved. However, a parent who is willing to apply to designate a legal guardian does not have to do so in a way that is financially binding. A non-binding consent form can be submitted.
If a guardian does not secure the authority to pursue the still living choices of a parent, then they need to follow a protocol instead. The guardian must then establish a review of the choices of the deceased, as well as their own. They must also keep hold of any documentation that is supplied by the estate of the deceased and its financiers.
If a guardian comes to the process of memorial product purchase knowing that they have a legal right, then they have the option to keep such documentation and validate their own decisions in court, if need be. The key point is that the guardian that has helped with other decisions will be more willing to offer financial assistance.
It seems unreasonable to expect people to pay for just because they have a legal responsibility to do so. While memorials, gravestones, cremation and burial details may be decisions that fall under the duties of guardianship, these families are grieving and making the best decisions in a current circumstance rather than grieving.
SPB Stoneworks Ltd is a professional stonemasonry company that has been around since 2005. At the time of writing this blog entry, the company has built up around 15 years of experience. The operational team at SPB Stoneworks Ltd are an experienced team of craftsmen that can produce high quality memorial products and gravestones for a variety of local churches and cemeteries. These can include his or her favourite quotes, special symbols like angels, hearts, flowers, and other details that mean a lot to the deceased.
Gravestones, memorials and headstones can mean a lot to the bereaved. While they offer a little comfort, they can also be a source of contention. The importance of the service that the family receives is equally important. When navigating the process of selecting a memorial product for a loved one, it should be a team effort between the family and the stonemason, who can provide guidance and support, as well as superior craftsmanship.
Ultimately, the responsibility of a legal guardian is to consider the welfare of those in their care, and to ensure that the firmest of decisions are made throughout. For those who agree that do legal guardians get paid arrangements should be made as soon as possible to avoid disputes from arising, preparations can be made far in advance. In doing so, the family and the long-standing traditions associated with memorial products will be satisfied.
For more information on guardianship and its implications, you can visit GOV.UK on Guardianship.