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Other people as guardians
In some circumstances, people other than a child's parents can become guardians of a child. These circumstances are set out below.
Testamentary guardians
(Care of Children Act 2004, s.26)
Testamentary guardians are appointed by a will or deed of a parent of the child. The person appointed becomes a testamentary guardian automatically when the parent dies.
A testamentary guardian becomes a joint guardian with any other guardians. However, the surviving parent or guardian may challenge his or her appointment.
Note:Testamentary guardians have the guardianship responsibilities of contributing to the child’s development and helping to make the important decisions in a child’s life. However, they do not have the automatic right to provide day-to-day care for the child. They must apply to the court if they want to be involved in the child’s day-to-day care. |
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