What rights does a guardian appointed under a will have in regard to the deceased’s children?
If the testator has infant children (i.e. under the age of 18), then they can appoint a guardian for those children in their will. Ordinarily, a child’s surviving parent will be the child’s guardian. However, it is important that the testator provides for circumstances in which both the child’s parents may die together. The appointment of a guardian in a will is only a declaration of the testator’s intention. The Family Court retains the power to appoint an alternative guardian if it is in the best interests of the child. In Queensland, there is legislation that regulates the rights and powers of guardians – the Guardianship and Administration Act 1995, as well as the Family Law Act at the Commonwealth level. Generally, a guardian has all rights and powers in respect to the welfare and upbringing of a child that the child’s parent would have had. These include the right to have the daily care and control of the child, and the right and responsibility to make decisions concerning the ch
