Did you know… you can appoint a guardian for your children to act whilst you are still alive?

Most parents know they can name a guardian in a Will to care for their children if they die. Fewer realise the court can also appoint (or authorise) a guardian during your lifetime if you’re temporarily or permanently unable to care—for example after a serious accident or illness.

What is a guardian?

A guardian is an adult given legal authority to make day-to-day decisions about a child’s care, health, education, and upbringing when a parent cannot.

Ways to appoint a guardian

• In your Will (testamentary guardian):

  Takes effect on your death. If a surviving parent with parental responsibility (PR) remains, the testamentary guardian’s role typically begins after the second parent’s death, unless the court orders otherwise.

• By court order during your lifetime:

  The family court can grant arrangements so another adult can care for your child while you’re alive (e.g., via a Child Arrangements Order or Special Guardianship Order), where this is in the child’s best interests.

Who should consider this now?

It’s especially important if you’re unmarried, a single parent, divorced, widowed, or have limited nearby family support. Without arrangements, social services/the court will decide who cares for your child—potentially not the person you would choose.

Practical steps

1. Make or update your Will to name guardians and any substitute choices.

2. Talk to your nominees so they understand the responsibility and agree.

3. Record your wishes (schooling, medical, religion, values) to guide future decisions.

4. If you need arrangements during your lifetime, seek advice on applying for the appropriate court order.

Need guidance?

For clear, confidential advice on guardianship, parental responsibility, Wills, or court applications, please use the contact form on this page, email info@ansons.law, or call 01543 267236 and a member of our Family Team will help.

Disclaimer: The contents of this article are for general information only and do not constitute legal advice. The law and HMRC guidance may have changed since publication. Always seek professional advice before taking action.