Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Guardian definition

What does Guardian mean? A guardian is the person legally authorised to make decisions about a child’s care, residence, education and medical treatment when a parent cannot. In child law this is a statutory concept (Children Act 1989; Children (Northern Ireland) Order 1995; Children (Scotland) Act 1995; Guardianship of Infants Act 1964 (Ireland)) and a descriptive term used across private children proceedings. A parent or other person with parental responsibility or parental responsibilities and rights (PR/PRRs) may appoint a testamentary guardian by will or written instrument. In England and Wales and Northern Ireland, that appointment takes effect on the appointor’s death only...

Public Guardian and OPG: functions, registers, supervision, safeguarding and digital LPA reforms under the Mental Capacity Act 2005 and Powers of Attorney Act 2023 (England and Wales)

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Practice notes

Public Guardian

The Public Guardian is a statutory Office-holder and an appointee of the Lord Chancellor. Whoever holds the Public Guardian role also serves as chief Executive of the Office of the Public Guardian (OPG), an executive agency of the Ministry of Justice (MoJ), created when the Mental Capacity Act 2005 (MCA 2005) came into force on 1 October 2007 at that time. A key objective of the MCA 2005 was to distinguish the Court of Protection’s judicial powers from the administrative and supervisory oversight functions of a government body. Under the MCA 2005, the Court of Protection exercises statutory jurisdiction over the property and affairs of the mentally incapacitated person (P), while the Public Guardian undertakes the day-to-day administration and supervision of P’s affairs. The Public Guardian is also the formal registration authority for lasting and enduring powers of attorney...

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