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Guardian Declaration Form for the United Kingdom

Guardian Declaration Form Template for England and Wales

A Guardian Declaration Form is a legal document used in England and Wales to formally appoint a guardian for a minor child. The document establishes the legal framework for transferring parental responsibility to a designated guardian, either immediately or upon specific triggering events. It complies with the Children Act 1989 and related legislation, providing clear documentation of the guardian's rights, responsibilities, and the scope of their authority in relation to the child's welfare.

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What is a Guardian Declaration Form?

The Guardian Declaration Form is a crucial legal instrument within the jurisdiction of England and Wales, designed to ensure continuity of care for minor children by formally appointing guardians. This document becomes particularly important when parents want to make arrangements for their children's care in the event of their death or incapacity. The form includes detailed information about the child, proposed guardian(s), scope of responsibilities, and any specific conditions or limitations on the guardianship. It must comply with the Children Act 1989 and related legislation, and typically requires proper witnessing and execution to be legally valid.

What sections should be included in a Guardian Declaration Form?

1. Declaration Details: Personal information of declarant and date of declaration

2. Child Information: Full details of child(ren) subject to guardianship

3. Guardian Information: Full details of proposed guardian(s)

4. Guardianship Terms: Specific responsibilities and powers being granted

5. Duration: Period of guardianship and any triggering events

6. Declarations: Formal statements confirming understanding and intent

7. Execution: Signature blocks and witness requirements

What sections are optional to include in a Guardian Declaration Form?

1. Alternative Guardians: Optional section for appointment of substitute guardians when declarant wishes to name backup guardians

2. Financial Provisions: Optional section for arrangements for financial support of child when specific financial arrangements need to be documented

3. Medical Authorization: Optional section for specific medical decision-making powers when additional medical authority is required

4. Property Management: Optional section for provisions for managing child's property when child owns or will inherit significant assets

What schedules should be included in a Guardian Declaration Form?

1. Schedule 1: Supporting Documents: List of attached identity documents, birth certificates, etc.

2. Schedule 2: Contact Information: Extended contact details for all relevant parties

3. Schedule 3: Medical Information: Child's medical history and requirements

4. Appendix A: Witness Statements: Additional declarations from witnesses if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Declaration Form

Cost

Free to use
Relevant legal definitions






























Clauses

























Industries

Children Act 1989: Primary legislation defining parental responsibility, establishing the welfare principle (child's best interests), and setting out the legal framework for guardianship in England and Wales

Children and Families Act 2014: Updates and amendments to children's welfare provisions and care arrangements, modernizing aspects of the Children Act 1989

Mental Capacity Act 2005: Legislation governing decision-making for those who lack capacity, relevant for appointing guardians in cases of mental incapacity and powers of attorney considerations

Adoption and Children Act 2002: Legislation covering special guardianship provisions and their impact on parental responsibility

Family Law Reform Act 1969: Establishes age of majority provisions and consent requirements relevant to guardianship matters

Human Rights Act 1998: Incorporates rights of the child and family life protections into UK law, providing overarching human rights considerations for guardianship

Trusts of Land and Appointment of Trustees Act 1996: Governs property aspects of guardianship and trustee appointments relating to minors' property

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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