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Difference between revisions of "Guardianship, Parenting Arrangements and Contact"
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Guardianship, Parenting Arrangements and Contact (view source)
Revision as of 21:22, 10 March 2013
, 21:22, 10 March 2013→Incapacity and Death of a Guardian
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==Incapacity and Death of a Guardian== | ==Incapacity and Death of a Guardian== | ||
When a guardian anticipates being unable to care for a child, either temporarily or permanently, the guardian may appoint a person to act in his or her place. Even if when there's nothing to suggest that a guardian may become incapable, it's always a good idea for a guardian to give some thought to the question of who would look after the child in the event is the guardian's unexpected death. | |||
===Temporary Authorizations=== | ===Temporary Authorizations=== | ||
Under s. 43(2) of the ''Family Law Act'', a guardian who is temporarily unable to exercise certain parental responsibilities may authorize someone to exercise those responsibilities on his or her behalf. Such authorizations must be made in writing, and should say exactly what it is that the authorized person can do. | |||
The parental responsibilities that someone can exercise under a written authorization are: | |||
#making day-to-day decisions affecting the child and having day-to-day care, control and supervision of the child; | |||
#making decisions respecting with whom the child will live and associate; | |||
#making decisions respecting the child's education and participation in extracurricular activities; | |||
#giving, refusing or withdrawing consent to medical, dental and other health-related treatments for the child; | |||
#applying for a passport, licence or permit for the child; | |||
#giving, refusing or withdrawing consent for the child, if consent is required; | |||
#receiving and responding to any notice that a parent or guardian is entitled or required by law to receive; and, | |||
#requesting and receiving from third parties health, education or other information respecting the child. | |||
Authorizations like these are mostly used when the the child is to go somewhere else to go to school and the guardian needs to make arrangements for the child to be looked after in the place where the school is, when the guardian is seriously ill but going to recover, and when the guardian is going to be out commission for awhile recovering from a surgery or treatment. | |||
===Appointing Standby Guardians=== | ===Appointing Standby Guardians=== | ||
Under s. 55 of the ''Family Law Act'', where a guardian is facing a terminal illness or permanent loss of mental capacity, the guardian can appoint someone to become guardian when he or she becomes incapable of continuing to act as guardian. | |||
Appointments are made by Form 2, a form set out in the Family Law Act Regulation. The guardian must sign the form in the presence of two witnesses, neither of whom are the guardian being appointed. The form must state the conditions that have to be met for the appointment to take effect, such as a doctor's certificate of incapacity. A guardian cannot appoint a guardian to act with any more parental responsibilities than those he or she had at the time of the appointment. | |||
A person appointed as a standby guardian must accept the appointment for the appointment to be effective. | |||
A person who is appointed as a standby guardian does not have to apply for appointment under s. 51 of the act, and continues to serve as the guardian of the child after the death of the appointing guardian. | |||
===Appointing Testamentary Guardians=== | ===Appointing Testamentary Guardians=== | ||
Under s. 53 of the ''Family Law Act'', a guardian can appoint someone to become guardian when he or she dies. | |||
Appointments are made either by Form 2 or in the guardian's will. For appointments made using Form 2, the guardian must sign the form in the presence of two witnesses, neither of whom are the guardian being appointed. A guardian cannot appoint a guardian to act with any more parental responsibilities than those he or she had at the time of the appointment. | |||
A person appointed as a testamentary guardian must accept the appointment for the appointment to be effective. | |||
==Further Reading in this Chapter== | ==Further Reading in this Chapter== | ||
