Who can appoint a guardian?

As a general rule, each parent has the right to appoint a guardian or guardians to act after his or her death. Usually the appointment only operates if there is no surviving parent, although it is possible for a parent to appoint a guardian to act jointly with the surviving parent. Obviously a Court of law will carefully consider the wishes of the deceased parent on this sensitive issue, although ultimately if there is a dispute, then it is up to the Court to decide ‘what is in the best interests of the child’.