Jurisdiction(s):
United Kingdom

Child guardianship and parental responsibility on death: appointment, effect and court criteria (England and Wales)

Published by a LexisNexis Family expert

Precedents

This note offers broad guidance on choosing and appointing a child’s guardian. Your family solicitor can give tailored advice for your situation. There are multiple routes to appointing a guardian, and the moment the appointment becomes effective will vary with the facts. This overview sets out the principal methods by which a guardian can be appointed. The details, including when an appointment takes effect, will depend on your circumstances and the route used, and this guidance is intended only as a general summary.

What is a guardian?

A legal guardian is an individual formally chosen to look after a child when specified people have died, most commonly the child’s parents. It is prudent for parents to name one or more people as guardians to care for and take responsibility for their children should both parents die before the children turn 18. Once the appointment takes effect, a guardian holds parental responsibility for the child and stands in a position akin to a parent who has parental responsibility. Under the Children Act 1989, parental responsibility means all the rights, duties, powers, responsibilities and authority that, by law, a child’s parent has concerning the child and the child’s property...

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Web page updated on 22/05/2026

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