If, on the death of the person making the appointment (even if the parents are separated or divorced):
- there is a surviving parent with parental responsibility; and
- the deceased did not have a residence order in his or her favour
then the appointment does not take effect until the death of the surviving parent with parental responsibility. It is then possible that effective appointments by both parents will take effect simultaneously (potentially leading to conflicts between two separately appointed guardians which the court may have to resolve).
Thanks very much to Punam Denley, a partner at the International Family Law Group LLP for reviewing and to David Hodson, also partner at the International Family Law Group LLP, who reviewed an earlier version which appeared in A Parent’s Guide to the Law by Jon Robins (LawPack , 2009). Stephen Lawson, a litigation partner at Forshaws Davies Ridgway LLP assisted with the section on the CSA.