Testamentary guardianship refers to the process whereby a guardian is appointed for a child by someone in the event of their death. The guardian may be, for example, a close relative such as a grandparent or sibling. Once this takes effect, the guardian will have the responsibilities and duties towards the child akin to that of a parent. The process for appointing a testamentary guardian and the rights which are conferred is governed by section 5 of the Children Act 1989.
Who can appoint a testamentary guardian?
How are they appointed?
A testamentary guardian can be appointed in a will or in writing, dated and signed by the person making the appointment. It can also be signed by someone else following the directions of the person making the appointment.
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