Guardianship & Care Planning

Planning for the future means ensuring that your loved ones - including children, dependents, elderly family members, and even cherished pets - are cared for should anything happen to you.

Guardianship and care planning provide peace of mind by legally designating trusted individuals to take responsibility for those who depend on you. Whether it's assigning a guardian for a child, outlining care arrangements for an elderly parent, or ensuring your pets are cared for by a trusted individual, having a clear and legally recognised plan in place can prevent uncertainty and disputes.

Solace offers guidance on the steps to take, important legal considerations, and the resources available to help you make informed decisions about the future care of your loved ones.

Understanding Guardianship

A guardian is a legally appointed person responsible for the care and well-being of an individual who is unable to care for themselves. This may include:

A child
An adult dependent (e.g., an elderly parent or a family member with special needs)
A pet

Choosing a guardian ensures your loved ones are looked after in the event of your passing or incapacity.

Types of Guardianship

For Children

A guardian provides:

Care and emotional support
Financial assistance
Decision-making for education, health, and overall well-being

For Adult Dependents

A guardian ensures:

Proper medical care and protection
Support for daily living needs
Financial management (if applicable)

For Pets

A guardian will:

Provide love, shelter, and medical care
Maintain the pet’s routine and well-being
Ensure a stable and caring home

Choosing the Right Guardian

It is essential to select a guardian carefully, ensuring they align with your values and are willing to take on this responsibility. Legal documentation (such as a will) helps clarify your wishes and prevents disputes.

Key Considerations:

Values & Parenting Style: Does the guardian share similar values and beliefs?
Availability & Capacity: Do they have the time, resources, and ability to take on this role?
Living Arrangements: Is their home suitable for your child, pet, or dependent?
Location: Are they close enough to provide consistent care when needed?

Questions to Ask Yourself:

✅ Who will love and care for my child, pet, or dependent as much as I do?
✅ Who can provide a safe, stable, and nurturing environment?
✅ Does my chosen guardian fully understand the responsibilities involved?

Guardianship Appointment Procedures

In Kenya, appointing a guardian for your child/dependent/pet within your will is a crucial step to ensure their care and well-being in the event of your passing. It is essential to include clear and legally sound language in your will to designate a guardian.

Sample Clause for Appointing a Guardian in your Will:

I hereby appoint [Full Name of Guardian], residing at [Guardian's Full Address], as the legal guardian of my child/pet/dependent, [Their full names], in the event of my death or incapacity. In the event that [First Named Guardian] is unable or unwilling to serve as guardian, I nominate [Full Name of Alternate Guardian], residing at [Alternate Guardian's Full Address], to serve as alternate guardian.

Important Considerations:

Legal Requirements: For the appointment to be valid, ensure that your will is executed in accordance with Kenyan law, which typically requires the will to be in writing, signed by you (the testator), and witnessed by two competent individuals present at the same time.
Guardian's Consent: Before naming someone as a guardian, it's advisable to discuss this responsibility with them to ensure they are willing and prepared to take on the role.
Legal Consultation: Given the importance and potential complexities of guardianship provisions, it's highly recommended to consult with a legal professional experienced in Kenyan succession and family law. They can provide personalised advice and ensure that your will complies with all legal formalities, thereby safeguarding your intentions.

By taking these steps, you can have peace of mind knowing that your loved ones will be cared for according to your wishes.