One of the most important tasks of making a plan for the care of children affected by HIV involves granting another person parental responsibility or appointing a guardian. These are two ways in which parents can ensure another person has legal responsibility for their child's welfare, upbringing and safety. The decision to make someone legally responsible for their child needs to be very carefully thought out by the parent.

If parents do not appoint someone to have legal responsibility for their child, another person may assume responsibility and could apply for legal recognition of their role. If no one comes forward, Social Services will act to make arrangements for the children. Any current arrangement that the deceased parent may have made will be assessed and may be changed.