What Is a Legal Guardian for a Child in England and Wales?

What is a legal guardian and what are their responsibilities?

A legal guardian can have parental responsibility for your child, allowing them to make important decisions about their care and upbringing. This can include decisions about where your child lives, their education, healthcare and day-to-day wellbeing.

Choosing a guardian is an important part of estate planning for parents with minor children. It allows you to record who you would like to care for your child if you are no longer able to do so.

How do I appoint a guardian?

In England and Wales, you can appoint a guardian in your Will if you have the legal ability to make the appointment.

Under section 5 of the Children Act 1989, the appointment must be made in writing, dated and signed. You can include the appointment in a valid Will.

When the appointment takes effect depends on your family circumstances and who else has parental responsibility for your child.

For most parents, the important thing is to make sure your wishes are clearly recorded in a properly signed Will.

Who should I choose as my child's guardian?

There is no single right choice. The most important thing is to choose someone you trust to put your child's needs first.

You may want to consider:

• their relationship with your child;
• whether your child already knows and feels comfortable with them;
• where they live;
• whether they are able and willing to care for your child;
• their family and work commitments;
• your views on education and upbringing; and
• whether your child could remain in a familiar home, school and community.

It is a good idea to speak to the person before naming them in your Will. Being a guardian can be a significant responsibility, so they should understand what you are asking of them and be comfortable taking on the role.

Should I name a backup guardian?

Yes. Naming a backup guardian can provide an additional layer of protection for your child.

Your first-choice guardian may die before you, become unable to care for your child, or simply decide that they cannot take on the responsibility when the time comes. A backup guardian gives you another person to step in if your first choice cannot act.

You can name your guardians in order of preference so that your wishes are clear.

It is also worth reviewing your guardianship choices from time to time, particularly if your child gets older or your family circumstances change.

What happens if I do not appoint a guardian?

If you die without appointing a guardian, another person with parental responsibility may continue to care for your child.

If there is no suitable person who can take on the role, the court may need to make arrangements for your child's care.

Naming a guardian in your Will allows you to clearly express who you would like to care for your child. It does not guarantee that the person will ultimately become the child's guardian, as the child's welfare and any applicable court orders remain important.

What if both parents choose different guardians?

Parents do not necessarily have to choose the same guardian. However, if you and your child's other parent name different people, it can create uncertainty about your wishes and how the arrangements should work.

It is therefore a good idea to discuss your choices with your child's other parent and, where possible, coordinate your Wills.

If your family circumstances are complicated, or there is an existing court order concerning your child, you should consider obtaining family-law advice.

What is the difference between a guardian, executor and trustee?

These roles are different, although the same person can sometimes take on more than one role.

Guardian: Looks after your child and makes important decisions about their care and upbringing.

Executor: Deals with your estate after you die, including collecting your assets, paying debts and distributing your estate according to your Will.

Trustee: Manages money or property that is held in trust for a beneficiary, such as a child who is too young to receive their inheritance directly.

For example, you could appoint your sister as your child's guardian while also appointing her as an executor and trustee. However, each role comes with different responsibilities.

For more information, see our England and Wales executor and trustee guide.

Can I appoint a guardian for my pet?

No. Legal guardianship applies to children, not pets.

However, you can make arrangements for someone you trust to look after your pet if you die. You can also leave them information about your pet's routine, food, veterinary care and other needs.

If you want to provide money for your pet's care, you should consider how this should be included in your estate planning.

Should I leave a letter of wishes for my child's guardian?

A letter of wishes can be a helpful addition to your Will.

It gives your guardian practical information about your child's life and your preferences for their upbringing. For example, you might include information about:

• your child's daily routine;
• their school and education;
• important family relationships;
• medical or dietary needs;
• hobbies and interests;
• cultural or family traditions; and
• your hopes for their upbringing.

Unlike your Will, a letter of wishes is not intended to be legally binding. It is simply a way of giving your guardian additional guidance about what matters to you.

You should keep your letter of wishes up to date and make sure your guardian and executors know where to find it.

Planning guardianship for your child

Choosing a guardian is one of the most important decisions parents can make as part of their estate planning.

Think about who you would trust to care for your child, speak to them about the responsibility, and consider naming a backup guardian as well.

Your circumstances may change as your child grows, so it is a good idea to review your Will and guardianship arrangements regularly.