A guardian is someone who’s legally appointed to make decisions or take responsibility for another person when they’re unable to do so themselves – most often a child, but in some cases, an adult with limited capacity.
In family law, guardians are usually appointed to care for a child if their parents have died or can’t look after them. This might be set out in a Will (known as testamentary guardianship) or appointed by the court. Guardians take on long-term responsibility for the child’s upbringing, including decisions about their education, healthcare and living arrangements.
There are also other types – like a Children’s Guardian (through CAFCASS), who represents the child’s welfare in court, or special guardians, who take on the role while keeping a link with birth parents. For adults lacking capacity, a welfare guardian may be appointed to make key decisions about daily care and medical needs.
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