Section 26 — Care of Children Act 2004: Testamentary guardians

26 Testamentary guardians (1) The parent of a child may by deed or will (executed before or after the child's birth) appoint a person to be a testamentary guardian of the child after the parent's death. (2) If, at the time of his or her death, the parent appointing a guardian under subsection (1) is a guardian of the child, the testamentary guardian is from that time, if he or she is 20 years of age or older, either sole guardian or a guardian in addition to any other guardian, as the case may be. (3) If, at the time of his or her death, the parent appointing a guardian under subsection (1) is not a guardian of the child, the testamentary guardian may apply to the Court, and the Court may, if it thinks fit, appoint him or her as a guardian accordingly. (4) Despite any enactment or rule of law, a person under the age of 18 years may make an appointment under subsection (1) . (5) Despite section 16(1) , no testamentary guardian of a child has, just because of an appointment under this section, the role of providing day-to-day care for the child. Compare: 1968 No 63 ss 3, 7