In the event that a parent or other person with parental responsibility for a child dies, a guardian may be appointed to take over parental responsibility for the child. A guardian may be any other individual, including the other parent, but it cannot be the local authority as it is not an individual.

Guardians can only be appointed by:

·        a parent with parental responsibility for the child

·        a person already appointed as guardian

·        the Court (in the instance that neither of the above options are available)

If a mother and father have joint parental responsibility and one of them dies the other would continue to have parental responsibility. A guardian would only assume guardianship on the death of the surviving parent.

The Children Act 1989 clarifies the law of guardianship, enabling guardians to be appointed more easily and introducing several new provisions that acknowledge that guardians are intended to take on the roll of caring for a child who would not otherwise have a parent with parental responsibility. The Department of Health publishes ‘The Children Act 1989 - Guidance and Regulations’, which includes a more detailed account of the terms of the Act relating to guardianship.

Guardian’s Allowance

If you have become a child’s legal guardian, you are entitled to a Guardian’s Allowance from the Department of Social Security. You are only eligible to claim this if you are receiving child benefit for the child. The amount differs depending on area and circumstance so you are advised to contact your local benefit office for details.