Your Guardians FAQs

Make important decisions about a child’s care, education, health, culture and identity; support day-to-day care; and act in the child’s best interests. Guardians must consult each other on significant matters and keep good records where appropriate.

Any suitable adult. Parents are usually guardians automatically. You can also appoint someone in a will (a “testamentary guardian”) or the Family Court can appoint a guardian. Choose reliable people whose values align with yours.

Yes — you can name a testamentary guardian in your Will or a deed. Their appointment generally takes effect when you die. They become a guardian alongside any existing guardians (for example, the surviving parent).

Not automatically. Day-to-day care (“custody”) is decided by agreement or by the Family Court using a Parenting Order if there’s a dispute. Your will can guide the Court but can’t itself award day-to-day care.

The surviving parent usually remains a guardian. Your testamentary guardian becomes a joint guardian with them. If there’s disagreement, the Family Court can give directions or make Parenting Orders.

Practically, they should be an adult who can legally act. In NZ practice, a testamentary guardian generally needs to be at least 20 to assume the role. If they are younger at the time of death, court recognition may be required once they are eligible.

Yes — many people name a primary and a backup guardian for certainty. Keep numbers small to avoid stalemates and choose people who can cooperate.

They can, but distance can add cost and complexity. Where possible, include at least one NZ-based guardian or a backup in New Zealand for practicality.

Yes — any suitable adult can be appointed in a will or by the Court. If disputes arise, the Court can issue Parenting Orders and contact arrangements that reflect the child’s best interests.

Usually when the child turns 18. It can end earlier if the child marries, enters a civil union, or lives as a de facto partner (with required consents), or by court order.

Guardians should consult and act reasonably. If there’s deadlock on significant issues (schooling, medical care, relocation), the Family Court can resolve it and issue directions focused on the child’s best interests.

Guardianship is decision-making authority; day-to-day care is where the child lives and who looks after daily routines. The Court decides day-to-day care through Parenting Orders if needed; your Will can express wishes but isn’t binding on care arrangements.

It’s strongly recommended. Talk to them first so they understand your wishes and the practical commitments (time, location, costs, culture, schooling).

Yes — you can record short, practical wishes (for example, keeping siblings together, maintaining family and cultural ties, or preferred schools). These guide your guardians and the Court but don’t replace their duty to act in the child’s best interests.

You can change your appointed guardian by making a new will. After death, the Family Court can remove or replace a guardian in limited circumstances, always prioritising the child’s welfare and best interests.

Generally, no — guardians aren’t paid a fee, but they can be reimbursed reasonable expenses when looking after the child. (This is separate from any estate administration costs handled by executors.)

If you weren’t a legal guardian when you died, the person you named usually won’t become a guardian automatically — they may need to apply to the Family Court.

Your will, any written wishes, the child’s needs and views, family anbd cultural connections, school/health information, and evidence about each proposed caregiver’s stability, location, and ability to meet the child’s needs.