Guardianship Clause (Parental Responsibilities per Court Order or Agreement) (BC)

Summary

This clause appoints a guardian for the will-maker's minor child or children and grants all parental responsibilities pursuant to any court order or agreement. This clause includes practical guidance and drafting notes. For separated parents, it is best that they reach an agreement on the choice of a guardian if one or both parents die. Where that is not possible, it is important to consider what parenting responsibilities the will-maker has, under a court order or a separation agreement, and ensure that those responsibilities are included as part of the guardian appointment in the will. Where a court must intervene in a guardianship matter, the Family Law Act, S.B.C. 2011, c. 25 ("FLA"), requires that it consider the wishes of any child 12 years of age or older. It is therefore prudent for a will-maker to make inquiries of an older child and discuss an appropriate guardian before deciding on the appointment of a guardian in a will. For a discussion on the issues that must be addressed...