How Do I Make My Friend Legal Guardian

[hannah40]

My friend is a single mum with no family. She wants to make another friend of ours legal guardian to her Autstic son who is 15. How does she do this legally?

[woofgang]

Is it a capacity issue? Could the lad not cope on his own?

[cashier]

Tell your friend to ask a solicitor.

[hannah40]

No he couldn’t cope on his own. Also it is if something happens to her now the guardian would take him rather than go to carers.
Yes we would go to solicitor but we were wondering if there was another way to keep costs down

[TonyV]

Not something I can give you a legal point of view on, however I think your friends legal responsibilities last until 18 anyway. Think you will need a solicitor but again not sure, you need to wait for an ABer with legal knowledge to see your post, there are a few. At least you post is in the right place for them to see.

[TonyV]

^^^^ A solicitor to complete the paperwork.

[Buenchico]

Your friend simply needs to write a will (which she should do anyway), including the following wording: "In accordance with section 5 of the Children Act 1989 I appoint [X] to be the guardian of my child [Y]"

Source:
https://childlawadvice.org.uk/information-pages/testamentary-guardianship/

[woofgang]

Buenchico, as this is a capacity issue and might need to still "work" after the lad is an adult, is there anything else that needs to be done?

[Buenchico]

England and Wales seem to lag behind Scotland (where the Adults With Incapacity ( Scotland ) Act 2000 applies), so there appears to be no directly relevant legislation. The Mental Capacity Act 2005 might have to be used to appoint a 'Deputy' (rather than a 'guardian') to act in certain ways upon behalf of the son. If so, I can see no way that such an appointment could be made under the terms of a will (or in any other way, prior to the death of the mother), as it requires a court order. However the mother could indicate in her will what her preference would be in such a matter.

The services of a solicitor might be required here but, as a starting point, it could be worth phoning the MIND Legal Line on 0300 466 6463 (Monday to Friday, 9.00 am to 5.00 pm). Calls are charged at the same rate as those to 01 or 02 numbers (which, for people who've got 'included minutes' on a mobile phone contract or PAYG 'bundle', or a landline package which gives free daytime calls, would mean that it's a free call). Alternatively send an email to [email protected].

The Office of the Public Guardian might also be able to provide advice. Call 0300 456 0300 (Monday–Friday, 9am-5pm, except Wednesday 10am-5pm). Once again, calls are charged at the same rate as those to 01 or 02 numbers. Or try an email to [email protected]