Assignment of Guardianship.

Assignment of Guardianship.

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Assignment of Guardianship.

In our previous article, we briefly

discussed the rights of third parties (for example aunts, uncles, grandparents)

being granted rights to the minor children of another.

In this article, we shall discuss

the assignment of guardianship and care

over a minor child in the event of the death of the parents.

The guardianship that we

shall be discussing here is not the guardianship which is a component of

parental power, discussed in our previous articles. Here we are referring to

the care of a minor and the minor’s estate or only the minor when the biological

parents are unable to do so due to death or removal of parental power by the

courts.

Testamentary guardian, a

minor’s natural guardian (parent for example) may appoint another person to act

as the minor’s guardian after the parent’s death. One parent of a minor may

only appoint a testamentary guardian if the other parent is deceased or

prohibited by a court from exercising parental power. This assignment of

guardianship is done by means of a will.

The requirements for the

appointment of a guardian are:

The guardian must be over 21;

The guardian must not be under curatorship;

The guardian cannot act as a witness to the

will he was nominated in;

The court must not have declared the guardian

incapable of holding such office;

The guardian must provide sufficient financial

security.

Please note that no party

nominated in a will is obliged to accept the role of guardian.

In our next article, we shall discuss

the rights and duties of the guardian

and how guardianship is terminated.

Related Practice Areas: Maintenance & Spousal Support | Father's Rights | Domestic Violence

If you have questions about your specific situation, contact Nick Elliot for a confidential consultation.