Becoming a legal guardian


Friday, March 16th, 2012

Legal guardians are responsible for the welfare and safety of the children appointed to them, and so if  you are considering becoming a legal guardian you need to be 100% certain that you are capable of being a “parent” to the child as this is what you will ultimately be to them.

As a legal guardian you would act in the same way as their parents would if they were around.  This involves the day to day responsibilities of feeding and clothing them, and making sure they get an education, as well as being responsible for their discipline and making sure they know right from wrong.

To become a legal guardian, whether it is by the appointment of the parents or you believe it the right thing to do, you must undergo assessment by social services.

Here you will be assessed on how you interact and cope with the child.  Your plan for supporting them and ensuring that their upbringing is in accordance to the wishes of their parents will also be examined.

In terms of the Children (Scotland) Act 1995 it is possible for a person to apply to the court for an order appointing or indeed removing a person as a guardian of a child.

A child’s parent may also appoint a person to be guardian of a child in the event of the parent’s death as long as that appointment is in writing and signed by the parent.

For more advice on becoming a legal guardian our family law solicitors can provide you with advice on how to proceed