What is the position of a ‘testamentary guardian’ appointed under a ‘Will’?
It is open to a father to appoint a guardian for his minor child (who may also be a person with disability) under a ‘Will’ or other testamentary instrument. Where such testamentary guardian has been appointed for a person with disability and that very guardian is intended to be the legal guardian under the National Trust Act also, the LLC may take into consideration the facts and circumstances of the testamentary guardianship.
