The guardian's guide
Whether you've just been asked to be a guardian, or you're deciding who should raise your own children — here's what the role really means in New Zealand, what you'd be taking on, and when it's okay to say no.
What a guardian is responsible for
A guardian looks after a child's upbringing and welfare — the important decisions in their life, not their money.
Where the children live and who cares for them
The most immediate question — who the children live with day-to-day, and making sure they're safe, settled and looked after. A guardian named in a Will (a 'testamentary guardian') steps in if a parent dies.
Schooling and education
Decisions about which school they attend, and important choices about their education and how they're brought up.
Health and medical care
Consenting to medical treatment and making important decisions about the children's health and wellbeing.
Culture, language and religion
Guardianship isn't only practical — it includes decisions about the children's identity: their culture, language and religion, and staying connected to their whānau.
The big decisions, not the small stuff
Guardianship is about the important, long-term decisions in a child's life. It works alongside the everyday care — feeding, bedtime, homework — that comes with looking after them.
You often share the role, not replace a parent
Common questions about being a guardian
What does a guardian named in a Will do?
A guardian looks after a child's upbringing and welfare — the important, long-term decisions in their life. That covers where the children live, their schooling and education, their health and medical care, and their culture, language and religion. It's about the big decisions, not managing money.
Does a guardian named in a Will automatically get custody of the children?
Usually not. A guardian appointed in a Will is a 'testamentary guardian' under the Care of Children Act 2004. If one parent dies, the surviving parent normally stays a guardian too, and the testamentary guardian shares the big decisions alongside them rather than taking over. A testamentary guardian steps in on their own only when there's no surviving parent or other guardian able to act.
Is a guardian personally liable for the cost of raising the children?
Generally no. Unlike an executor, a guardian is not automatically personally responsible for the children's costs and doesn't have to fund their upbringing out of their own pocket. Money left for the children is normally held on trust and managed by a trustee under the terms of the Will, used for their housing, schooling and everyday costs.
Can I say no to being asked to be a guardian?
Yes, and there's no guilt in it. An honest 'no' now is far kinder than an unwilling guardian later. It may not be right for you because of your health, age or family commitments, distance from the children, or differing values on how they should be raised. The best time to say no is before you agree, so the parents can name someone else while they're able to.
Does being a guardian mean you inherit or get paid?
No. Being named a guardian is a role of trust, not a payday, and it gives you no automatic right to any money or assets — a guardian isn't automatically a beneficiary. If the parents also want you to inherit, or want funds available to help raise the children, that has to be written into the Will separately.
Talk it through first