Report on Appointing a Guardian and Standby Guardianship

BCLI Report No. 30

23 Pages Posted: 18 Jun 2009

Date Written: March 1, 2004

Abstract

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 report explores 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, ward, appointing a guardian, standby guardian, children, teens, wills, estates, life planning, family law, custody, access, Family Relations Act, Infants Act

Suggested Citation

Law Institute, British Columbia, Report on Appointing a Guardian and Standby Guardianship (March 1, 2004). BCLI Report No. 30, Available at SSRN: https://ssrn.com/abstract=1421506 or http://dx.doi.org/10.2139/ssrn.1421506

British Columbia Law Institute (Contact Author)

British Columbia Law Institute (BCLI) ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Y1
Canada

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