|
|
Power of father and mother to appoint testamentary guardians.
|
7.—(1) The father of an infant may by deed or will appoint a person or persons to be guardian or guardians of the infant after his death.
|
|
| |
(2) The mother of an infant may by deed or will appoint a person or persons to be guardian or guardians of the infant after her death.
|
|
| |
(3) A testamentary guardian shall act jointly with the surviving parent of the infant so long as the surviving parent remains alive unless the surviving parent objects to his so acting.
|
|
| |
(4) If the surviving parent so objects or if a testamentary guardian considers that the surviving parent is unfit to have the custody of the infant, the testamentary guardian may apply to the court for an order under this section.
|
|
| |
(5) The court may—
|
|
| |
(a) refuse to make an order (in which case the surviving parent shall remain sole guardian), or
|
|
| |
(b) make an order that the testamentary guardian shall act jointly with the surviving parent, or
|
|
| |
(c) make an order that he shall act as guardian of the infant to the exclusion, so far as the court thinks proper, of the surviving parent.
|
|
| |
(6) In the case mentioned in paragraph (c) of subsection (5) the court may make such order regarding the custody of the infant and the right of access to the infant of the surviving parent as the court thinks proper, and the court may further order that the surviving parent shall pay to the guardian or guardians, or any of them, towards the maintenance of the infant such weekly or other periodical sum as, having regard to the means of the surviving parent, the court considers reasonable.
|
|
| |
(7) A person under the age of twenty-one years shall be entitled to appoint guardians by will notwithstanding section 7 of the Wills Act, 1837.
|
|
| |
(8) An appointment of a guardian by deed may be revoked by a subsequent deed or by will.
|
