Power of father and mother to appoint testamentary guardians

(1) The father of a child may by deed or will appoint any person to be guardian of the child after his death, provided that the father of a child born out of wedlock may only appoint a guardian if he has been granted custody of such child pursuant to section 85 of this Act. (2) The mother of a child may by deed or will appoint any person to be guardian of the child after her death where she was appointed guardian of the child during her lifetime. 17 (3) Any guardian appointed in accordance with subsection (1) or (2) of this section, shall act jointly with the surviving parent, if any, unless the surviving parent objects to his so acting. (4) If the surviving parent so objects, or if the guardian so appointed considers that the surviving parent is unfit to have the custody of the child, the guardian may apply to the court, and the court may either, (a) refuse to make any order (in which case the surviving parent shall remain sole guardian); or (b) make an order that the guardian so appointed shall, (i) act jointly with the surviving parent; or (ii) be the sole guardian of the child. (5) Where the court makes an order under subsection (4) (b) (ii) of this section, that a person shall be the sole guardian of a child, the court may, (a) make such order regarding, (i) the custody of the child; and (ii) the right of access to the child of the as the court thinks fit, having regard to the welfare of the child; and (b) make a further order requiring the surviving parent to pay to the guardian a weekly or periodical sum towards the maintenance of the child as the court thinks reasonable having regard to the means of the (6) The powers conferred by subsection (4) of this section may be exercised at any time and include powers to vary or discharge any order previously made under the said subsection. (7) Where guardians are appointed jointly by both parents, the guardians so appointed shall after the death of the surviving parent act jointly. (8) If under section 14 of this Act a guardian has been appointed by the court to act jointly with a surviving parent, he shall continue to act as guardian after the death of the surviving parent, but if the surviving parent has appointed a separate guardian, the guardian appointed by the court shall act jointly with the guardian appointed by the surviving parent.