Raising a child can be an exciting and joyful time. Expecting parents often plan months in advance and have strong aspirations for the development of their child to adulthood.

But these plans can be fraught with disaster if either or both of the parents die, particularly if death occurs before the child turns 18. That is why it is important to take precautions to provide for your child after your death.

One important precaution involves the appointment of a guardian who will take care of your child if you die. The most common and straightforward method of appointing a guardian is to include the appointment in a will. In Bermuda, both parents of a child may appoint guardians. It is common for the parents to appoint the same person unless the parents of the child are divorced or separated and wish to ensure that the guardianship of the child is not solely in the hands of the surviving parent. In the latter case, if one parent dies, the guardian named by the deceased parent will act as such in tandem with the surviving parent. If both parents die, the two guardians will act together.

The designation of a guardian in a will does not mean that the person will automatically become the guardian. The person must apply to the courts, which will give consideration to the wishes of the parents, but ultimately will decide on the basis of what is in the best interests of the child.

If no will exists, the Supreme Court, or a special court, may appoint a guardian to act solely, or to act jointly with the surviving parent or other guardian. A father who is not married to his child's mother is not granted automatic parental responsibilities, even if he lived with the child and mother before her death.

In the absence of guardianship provisions in a single mother's will, the choice of guardian will lie with the courts. It is possible, in this situation, for the court to appoint a contesting grandparent or other family member to be the child's guardian, even ahead of the child's unmarried biological father. Contesting parties may be awarded custody, or the right of access to the child or children, too.

In all cases, the court is obliged to act with the child's welfare in mind.

Appointing a guardian in a will rather than leaving the decision to the court has several advantages. You can choose the person or persons who will care for your minor children should the need arise, thereby avoiding any potential dispute regarding guardianship. Often with an older child, you can discuss your choice of guardian with the child so he or she will have comfort in knowing your arrangements. You can also discuss your wishes with other family members and pre-empt any dispute about who will act as guardian. More importantly, you can discuss your wishes for your child's upbringing with the chosen guardian, make financial provisions for children (often in your will) and prepare a detailed Letter of Wishes to the guardian to be read on your death.

Factors to consider when naming a guardian include:

The age and life style of the guardian. Are they likely to outlive you and be able to care for and raise your child?

The location of your guardian. Will it be necessary to uproot your child and move school and lose familiar surroundings?

Does your guardian have children of their own and appropriate parenting skills?

Does your child know and like your guardian and will he or she be comfortable living with them?

Will your guardian be happy to accept the responsibility and be able to act?

Is your guardian financially responsible and/or will you be making adequate provision financially for your child through your will, trust or other means, such as life insurance?

Does your guardian share similar values to you when it comes to education and religion?

Parents should discuss these factors, if possible. It is generally better for both parents to agree on a single choice of guardian and a substitute guardian if the first named person is unable to act.

If you have young children and you have not already done so, now is the time to make a will or update an existing will to name an appropriate person or persons to act as guardians for your minor children should the need arise. Ideally, advice should be taken from a lawyer specialising in drafting wills and giving estate planning advice.

Attorney Vanessa Lovell Schrum is a member of the Trusts Practice Group of Appleby Spurling Hunter. Copies of Mrs. Lovell Schrum's columns can be obtained on the Appleby Spurling Hunter website at www.applebyglobal.com

This column should not be used as a substitute for professional legal advice. Before proceeding with any matters discussed here, persons are advised to consult with a lawyer.