Parents and other guardians of small children want to ensure that their children will be provided for in case they pass away, or otherwise become unable to care for them. This project explored four issues related to the guardianship of children: (1) whether provisions relating to testamentary guardianship, guardianship appointed by will or deed, belong in the Family Relations Act; (2) whether a guardian who is not a parent should be able to appoint a testamentary guardian; (3) whether there should be a mechanism by which a guardian can appoint a “standby guardian” who will assume joint guardianship during the lifetime of the appointing guardian on the occurrence of some future “triggering” event; and (4) whether a simple form should be created for the appointment of a guardian outside a formal will or deed.
Keywords: guardianship, guardian and ward, appointing a guardian, standby guardian, children & teens, wills, estates & life planning, family law, custody and access, Family Relations Act, Infants Act
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