Planning for the future
We strongly advise all Kinship Carers to consider preparation for the future. You can appoint a guardian for the child in your will.
If a couple have been appointed as kinship carers, the order continues to have effect as long as one of them survives.
Appointing a guardian in case of death
A kinship carer can appoint another person to act as the child’s guardian in the event of their death. The appointment must be made in writing and be:
- dated
- signed by two witnesses
This can include a will.
A guardian appointed on a kinship carer's death will not be a kinship carer. This means that they will not have overriding parental responsibility for the child. Instead parental responsibility will be shared with the child’s parents.
A guardian may in turn appoint another person to be the guardian in the event of their own death.
Once the special guardian dies, the Local Authority’s duties under the kinship support regulations will no longer apply. This means that any appointed guardian will not have the right to the same support as the kinship carer.
If there is no appointed guardian
Sometimes there is no appointed guardian on the death of the last surviving kinship carer. This means that any person can apply to the court to be appointed guardian. Alternatively, the court can appoint somebody during family proceedings.
If there is nobody appointed or available to be a guardian the parents will be left as the only people with parental responsibility.
Making a will
Kinship carers are encouraged to think about making a will to:
- appoint a guardian
- consider how the child will be supported
The child will not have any automatic right to inheritance. However, they may have the right to be supported out of the kinship carer's estate as a dependent.
For more information about appointing a guardian in your will, visit the Coram child law advice website.