BC's new Family Law Act (the
“Act”), in force since March 2013, permits a parent or
other legal guardian of a child to appoint a standby
guardian using prescribed Form 2, in anticipation of the parent
or guardian's permanent mental incapacity or terminal
illness. The standby guardian must consult with the appointing
guardian to the fullest extent possible. The new legislation aims
at a smooth transition to the standby guardian and permits the
appointing guardian to retain guardianship powers as long as
possible. The new legislation fills a gap that arose in child care,
because a will that appoints a guardian is only effective upon
death of the appointing guardian. The standby guardian must accept
his or her appointment expressly or impliedly by conduct.
The new Act continues the prior practice of permitting a
guardian to appoint a child's replacement guardian in a valid
will. Alternatively, Form 2 described above, also permits the
appointment of a child's guardian on the death of the
appointing guardian. Note that Form 2 can be used for both
appointments, offering the dual benefits of allowing multiple
appointments in the same form, while also allowing the
individual to appoint a testamentary guardian without being forced
to reveal the terms of the Will to such testamentary
Parents and other guardians of children should consider making a
standby guardian appointment, in addition to their will, enduring
power of attorney, representation agreement, and other estate and
incapacity planning documents.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
It is not uncommon for parents to provide monetary gifts to their adult children. Parents may wish to help their child with a down payment on a property, or help pay out their child's existing mortgage.
On March 31, 2014, BC's new Wills, Estates and Succession Act1 ("WESA") will come into force. WESA introduces new protections for beneficiaries of estates that are in danger of being disputed or deemed ineffective by a court.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).