Guardianship

Guardianship

A guardian is someone who has been formally appointed to take the place of the child's deceased parents.

A guardian may only be appointed in accordance with the provisions of the Children Act 1989 (ChA 1989). When the appointment takes effect the guardian acquires parental responsibility for the child.

Under certain circumstances a guardian may be appointed by the court. The child's welfare will be the court's paramount consideration.

A parent, a guardian or a special guardian may appoint a guardian for a child. Whether the appointment takes effect immediately on the death of the appointing person depends on whether the child has a surviving parent who has parental responsibility for the child. If there is a surviving parent with parental responsibility then the appointment will not take effect immediately unless the person making the appointment was named in a child arrangements order (CAO) as a person with whom the child was to live or the person was the child's only (or last surviving) special guardian. The appointment will take effect immediately on their death even if the surviving parent has parental responsibility, and the guardian will

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