(1)The father of a minor may by deed or will appoint any person to be guardian of the minor after his death.
(2)The mother of a minor may by deed or will appoint any person to be guardian of the minor after her death.
(3)Any guardian so appointed shall act jointly with the mother or father, as the case may be, of the minor so long as the mother or father remains alive unless the mother or father objects to his so acting.
(4)If the mother or father so objects, or if the guardian so appointed considers that the mother or father is unfit to have the [F1legal custody] of the minor, the guardian may apply to the court, and the court may either—
(a)refuse to make any order (in which case the mother or father shall remain sole guardian); or
(b)make an order that the guardian so appointed—
(i)shall act jointly with the mother or father;
or
(ii)shall be the sole guardian of the minor.
(5)Where guardians are appointed by both parents, the guardians so appointed shall, after the death of the surviving parent, act jointly.
(6)If under section 3 of this Act a guardian has been appointed by the court to act jointly with a surviving parent, he shall continue to act as guardian after the death of the surviving parent; but, if the surviving parent has appointed a guardian, the guardian appointed by the court shall act jointly with the guardian appointed by the surviving parent.
Textual Amendments
F1Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 36(1)(a), Sch. 1