Testamentary or Will Guardian has the same responsibilities to care for the child as their parent
The Care of Children Act 2004 makes provision for a parent to appoint “Testamentary Guardians” for their children through their will. A Testamentary Guardian will become that child’s guardian automatically when the parent dies and will not be required to make an application to the Family Court. A Testamentary Guardian can be appointed to care for a child up until that child reaches the age of 18 years (or younger in certain circumstances).
These are sometimes known as a Legal Guardian. A child’s Testamentary or Will Guardian has the same responsibilities to care for the child as a parent would. This means the guardian has full legal and physical custody of the child and can make all the decisions about the physical care of the child that a parent would make. A guardian can be anyone: relatives, friends of the family, or other people suitable to raise the child can ask to be legal guardians.
The guardian is responsible for the child’s care, including the child’s:
The guardian is also responsible for supervision of the child and its actions.