Guardianship after Death

[AuntieHubbard]

Does anyone know what happens to children when their parent (separated but main carer (i.e. has ds most of the week) dies intestate? Does blood family come first for guardianship? Can anyone apply for PR? He had a partner but the family don't know her well at all and she thinks she will look after ds. He is 10. His mother is mentally unwell and sadly not able to look after him on a full-time basis.

If the father has died and the mother is alive she will have PR. She can delegate that to a 3rd party, unless she truly lacks mental capacity.

Are you saying that the father's partner, with whom the child lived, wants to look after the child? Doesn't sound unreasonable. It depends what the child wants. Anyone can apply for parental responsibility - leave (permission) of the court is needed, but will be given freely in a situation such as this.

The father's partner does want to look after him, she is probably the best person to do it but is being very cagey about offering information about her plans to the the father's family. She has known him most of the boy's life.

Although the mother is not capable, she does not necessarily 'lack mental capacity'. She has some kind of manic depression / bi-polar, but has just been granted 5 days with him against the partner's wishes.

As the father's sister I am stuck between two grieving defensive women, neither of whom have bothered to involve me in any of their plans for my nephew - I have stated that I am ready if they need me, but it looks as though they have no plans to ask for my help.

Would social services / welfare officer not automatically be looking round for suitable carers within the family or would I need to be more proactive in expressing my interest?