When parents appoint a guardian for their child under section 7 of the Children’s (Scotland) Act 1995 (“Act”), where circumstances change, parents or guardians may wish to revoke or alter such an appointment. Section 8 of the Act clarifies and reinforces Section 7 of the Act specifying the rules for revoking or terminating a guardianship appointment.

This article explains how revocation works, when an appointment comes to an end automatically, and why it is vital to keep guardianship documents clear and up to date.

Revoking an Earlier Appointment

Section 8 of the Act states, that if a parent or guardian makes a new appointment under section 7(1) or (2) of the Act, this will normally revoke any earlier appointment made by them in respect of the same child.

• Example: If a parent first appoints a grandparent as guardian but later signs a new appointment naming their sister, the earlier appointment is revoked.
• Exception: If the later document makes clear that the intention is to appoint an additional guardian, both appointments may stand side by side.

This avoids conflicting appointments but still allows for joint guardianship if that is the parent’s wish.

How Revocation Must Be Made

Revocation (cancellation) of a guardian appointment must usually be:

• In writing, and
• Signed by the person making it.

This ensures clarity and prevents disputes.

There are also special rules for destruction of documents:

• If the original appointment document is destroyed with the clear intention of revoking it, that counts as revocation.
• This destruction can be done by the person who made the appointment or by someone else in their presence.

Wills and Codicils

If a guardian was appointed in a will or codicil, that appointment is automatically revoked if the will or codicil itself is revoked. For example, if a parent writes a new will and revokes the old one, any guardianship appointment in the old will falls away.

When Does Guardianship End?

Once a guardianship appointment has taken effect (i.e. after the parent’s or existing guardian’s death), it will only end if:

1. The child turns 18 – guardianship is only necessary until legal adulthood.
2. The child dies – guardianship naturally ends.
3. The guardian dies – leaving no guardian.
4. The court intervenes – under section 11, a court may terminate a guardian’s appointment if it considers this necessary for the welfare of the child.

Unless one of these events happens, the guardian’s rights and responsibilities continue.

Why This Matters

Guardianship is one of the most important decisions a parent can make. But equally important is ensuring that any changes are properly documented and legally valid. Informal conversations or assumptions are not enough… revocation must follow the rules in the Act.

Conclusion

Revoking or terminating a guardian’s appointment requires formal steps: either written revocation, destruction of the document with intent, or automatic revocation through a new appointment or a revoked will. Once in force, guardianship continues until the child reaches 18, or until death or a court order brings it to an end.

If you are considering appointing a guardian, revoking a previous appointment, or need advice about how to manage guardianship alongside your will, XK Family Law Solicitors Aberdeen can guide you through the process to ensure your child’s future is secure.

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