- within Family and Matrimonial topic(s)
Maria's comments were published in eprivateclient, 6 May 2026, and can be seen here.
Maria Wright, Senior Associate in our Family & Relationships department, discusses what it means to be a legal guardian and the different ways to appoint one.
Maria highlights the importance of understanding how guardianship works is essential for parents planning ahead and for relatives or friends stepping in to care for a child when parents cannot do so themselves.
She outlines how common routes to guardianship include court orders such as Child Arrangements Orders (CAOs) and Special Guardianship Orders (SGOs). A CAO giving someone a “lives with” arrangement provides parental responsibility while the order lasts, supporting day‑to‑day care without removing parents from the picture. An SGO, by contrast, is a longer‑term solution, often used in kinship care. It gives special guardians greater decision‑making power while preserving the child’s legal relationship with their parents.
Guardians can also be appointed in a will, although this only usually takes effect if no one else with parental responsibility is alive. An important exception applies where a parent with a “lives with” CAO has died, allowing their appointed guardian to share parental responsibility with the surviving parent.
Maria concludes that the legal framework provides flexible options designed to prioritise a child’s welfare, and that a clear understanding of these arrangements can help families ensure stability and continuity before a crisis occurs.
Read the full article on the eprivateclient website [external link].
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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