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Sample Guardianship Agreement

A worked appointment discussion for a child's proposed guardian, with consent, care expectations, finances and limits on legal effect.

Jurisdiction: England and Wales illustrative testamentary or family guardianship arrangement — statutory appointment, parental responsibility and court approval must be checked

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Important: This sample provides general legal information only and is not legal advice. Check the law, prescribed forms and signing requirements that apply to your exact jurisdiction and circumstances before use.

PROPOSED GUARDIANSHIP AND CARE AGREEMENT

Important jurisdiction and formalities warning

This fictional document is an illustrative statement of intentions and agreement, not legal advice and not a universally effective appointment of a guardian. In England and Wales, appointment can depend on parental responsibility, the circumstances of a parent's death or incapacity, a valid will or written instrument, and the court's welfare jurisdiction. A guardian may need legal advice about parental responsibility, special guardianship, finances, safeguarding and contact. This document does not displace a court order, does not authorise unlawful removal of a child, and should be executed in the form required by current law.

1. Parent, child and proposed guardian

Imogen Ruth Calder, of 5 Wychwood Avenue, Oxford OX3 8HL, is the mother and a person with parental responsibility for Arthur Benjamin Calder, born 26 January 2017. Samuel Edward Calder, Arthur's father, of 22 St Aldate's Mews, Oxford OX1 1BT, also has parental responsibility. On 15 November 2026, Imogen and Samuel record their shared wish that Miriam Alice Calder, of 39 Hawthorn Close, Abingdon OX14 3QJ, should care for Arthur if both parents die or become unable to exercise parental responsibility.

Miriam is Imogen's sister, aged forty-two, works as a primary-school librarian, and has known Arthur throughout his life. Her partner, Jonas Peter Reed, who lives with her, supports the proposed arrangement. Miriam confirms that she is willing in principle to provide a stable home, subject to lawful assessment and the circumstances at the time.

2. Arthur's welfare and family relationships

If care is required, Miriam will put Arthur's welfare, safety, education, health and emotional security first. She will keep his routine as stable as reasonably possible, listen to his views in an age-appropriate manner, and tell him honestly what is happening without making promises she cannot keep. She will preserve his relationship with each safe and appropriate relative, including Samuel's parents, Doreen and Malik Calder, and Imogen's parents, Helen and Peter Rowan.

Miriam will keep Arthur's school, medical, identity and financial records secure. She will notify the appropriate authority and family members promptly if he is seriously ill, injured, missing or at risk. She will seek professional help if grief, trauma, disability or behavioural needs require it. She will not use this document to prevent contact or disclosure where a court, social-care professional or safeguarding rule requires otherwise.

3. Proposed care and decision-making

If both parents are unable to care, Miriam intends to offer Arthur a home at 39 Hawthorn Close, subject to suitability checks and any placement or court process. If that home is unavailable, she will work with children's services and the court to identify a safe alternative rather than moving Arthur without advice. Jonas may assist with everyday care, but this document does not independently give Jonas parental responsibility.

Miriam may make ordinary day-to-day decisions while Arthur is in her care, subject to the authority legally available to her. She will obtain appropriate consent for medical treatment, travel, schooling and other significant matters. She will keep both parents' nominated relatives informed where lawful and will cooperate with any assessment, order, guardian appointment or contact direction.

The parents' preference is for Arthur to remain at Ridgeway Primary School, Oxford, if practicable, and to continue his Saturday swimming at Oxford Dolphins. They prefer no international travel until the legal authority, passport and consent requirements have been checked. These preferences are not binding if Arthur's welfare or a lawful decision requires something different.

4. Money and property

The parents intend to maintain life insurance and nominate appropriate trustees or beneficiaries separately. This document does not create a trust, transfer property, appoint a trustee, or promise a state benefit. If Miriam cares for Arthur, she may apply for benefits, maintenance, local-authority support and any estate funds available to meet his needs. She will keep child-related money separate where required, retain receipts, and use it for Arthur's accommodation, food, clothing, education, health, transport and reasonable activities. The parents presently hold £12,400 in a child savings account and £180,000 of life insurance is intended to be available for Arthur's care, subject to the separate policy and estate arrangements.

Imogen and Samuel will provide Miriam with copies of Arthur's birth certificate, NHS information, school contacts, allergy details and emergency contacts. The current emergency contacts are Dr Leila Morgan, 18 Beaumont Road, Oxford OX2 7PS, and Caleb Rowan, 4 Alder Lane, Abingdon OX14 1TR. Miriam will update the records and tell the family if an important detail changes.

5. Review, revocation and legal steps

The parents will review this document every two years and after a move, separation, serious illness, change in household or change in Arthur's wishes. Either parent may revoke or replace their own intention in a later document, provided the legal appointment route is followed. A disagreement about the proposed care should be addressed through advice, mediation or the court, not through pressure on Arthur.

The parents intend to make or update wills and any written appointment required by the law of England and Wales. They understand that this agreement alone may not appoint Miriam, and that a court or public authority may make a different decision based on Arthur's welfare at the relevant time.

6. Signatures and acknowledgment

Imogen Ruth Calder: Signature ____________________ Date: 15 November 2026

Samuel Edward Calder: Signature ____________________ Date: 15 November 2026

Miriam Alice Calder, proposed guardian: Signature ____________________ Date: 15 November 2026

Jonas Peter Reed, acknowledged household support: Signature ____________________ Date: 15 November 2026

Witness, Felicity Anne Brooks, 12 St Giles Park, Oxford OX4 2DN: Signature ____________________

Each signer confirms that the document has been read, that the signatures are voluntary, and that independent advice and any prescribed witnessing, registration, assessment or court process remain necessary.

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