To think you can’t just pass on guardianship?

[yearinyearout]

If someone is legal guardian to a child and that person dies, another family member can’t just step in and take over can they?

I'm not sure..I've always thought that in that circumstance, social services would intervene and if possible keep the child within the family if there was a suitable willing person available. I could be wrong.

I believe a court appoints a legal guardian - so no - another family member cannot just step in.

No, they cannot, not even if specified in a will.

I’m really interested in what’s prompted that question.

Worth ringing Grandparents Plus tomorrow morning- they support Kinship carers (all Kinship carers not just Grandparents) and see what they can advise.

I believe thay can?

No it needs to be in a will.

What if the legal guardian had appointed a legal guardian for the child? Which would make sense really.

I'll guess an ex/MIL combo as the reason for the question, Purple.

Children can't be left in a will. Parents can express an intention but there are others to consider and the process isn't that swift, the rights and responsibilities of others will be considered, say a step parent with PR vs a birth parent without and likewise a birth parent with PR vs a former partner's parent.

My understanding was you can put your wishes in your will about who you would want to be your child's legal guardian but that doesn't necessarily mean it will be the case...

A person with legal Parental Responsibility for a child can appoint a Testimentory Guardian in their will. The appointment would take effect on their death unless there is a surviving parent (or other person) with PR. Once appointed the Guardian gains PR for the child and has a say in decisions about their long term care and upbringing. The child may live with the Guardian but does not have to; in the event of a disagreement it is for the Court to decide.

The courts will usually decide, with the help of social services. It’s usually preferred to place the child with a family member, particularly if that family member has had involvement in the child’s life or caring responsibilities to date.

A guardianship, even if nominated in a will, isn’t legally binding. The courts can always decide who should have guardianship of a child if there is reason to think the appointed guardian is not the best person to have care of the child.

Happened in my family that way after the death of sibling. GM took child in as SD didn’t want to keep her (kept sibling though, who was biologically his). GM phoned SS to let them know she had child, SS were happy with that and told her to apply for legal guardianship via court. They didn’t even visit, never-mind give any after support.

You should definitely get in touch with Grandparents Plus - they are a charity who give free advice and support to kinship carers. Here's a link to their advice team: www.grandparentsplus.org.uk/for-kinship-carers/advice-and-support/contact-our-advice-service/

Would depend on will