- A guardian can be appointed by any parent with "parental responsibility" or by a Court.
- The Children Act (1989) introduced a simple method
for appointing guardians such that an appointment can be made in
writing, dated, signed by the person appointing the guardian, and
clearly showing the intention to appoint a guardian.
- A more common method of appointing a guardian is to
include the appointment in a will. Making the appointment in a will has
the advantage that related financial arrangements can be included in
the same document.
- With limited exceptions, the appointment of a
guardian takes effect on the death of the last parent with "parental
responsibility".
- It is not necessary for both parents to appoint the
same guardian. If different guardians are appointed, then their
appointment will take effect on the death of the last parent, and both
guardians will have equal authority.
- Care should be taken to ensure that both guardians
will work together in the best interests of the child, without dispute.
For this reason, it is generally better for both parents to agree upon
a single choice of guardian.
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