Where two people, usually the parents, are joint guardians of a child, and one of the joint guardians dies, then the surviving joint guardian becomes the child’s sole guardian
The British Columbia Law Institute, in its March 2004 “Report on Appointing a Guardian and Standby Guardianship," has recommended the following changes to the law:
1. That the testamentary guardianship provisions currently located in the Infants Act be relocated to the Family Relations Act.
2. That a guardian who is not a parent should be able to appoint a person to act as guardian of the child after the appointing guardian’s death.
3. That the Family Relations Act be amended to allow for the appointment of a standby guardian.
4. That the simple form set out in “Form X” be enacted through regulation under the Family Relations Act.
If the recommendations are implemented, a parent or other guardian of a minor could appoint a standby guardian who would become a guardian on certain triggering events such as the physical debilitation, mental incapacity or death of the minor’s sole guardian. Currently, British Columbia legislation does not provide for the appointment of a standby guardian.
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