Australian Capital Territory Current Acts

TESTAMENTARY GUARDIANSHIP ACT 1984 - SECT 11

    (1)     A testamentary guardian of a child has responsibility for the long-term welfare of the child and has, in relation to that child, all the powers, rights and duties that are vested by law or custom in the guardian of a child, other than—

        (a)     the right to have the daily care and control of the child; and

        (b)     the right and responsibility to make decisions concerning the daily care and control of the child.

    (2)     Without limiting the application of subsection (1), a testamentary guardian of a child:

        (a)     may take into his or her custody, and may manage, the real and personal property of the child (not being property held by a trustee under a trust) until he or she ceases to be the guardian of the child; and

        (b)     holds any real and personal property of the child that comes into his or her custody as trustee for the child; and

        (c)     may bring such proceedings as may be necessary to give effect to all or any of his or her powers under this section, including his or her powers as trustee for the child; and

        (d)     is responsible for accounting to the child, when the child attains the age of 18 years, for his or her custody and management of that property.

    (3)     Where, at any time after an appointment of a testamentary guardian of a child takes effect—

        (a)     no parent of the child is alive; and

        (b)     no judgment or order of a federal court or a court of a State or Territory granting custody or the right to have the daily care and control of the child (however expressed) to another person is in force; and

        (c)     no order relating to the child has been registered under the Family Law Act 1975

(Cwlth), section 70G; and

        (d)     no order that would, under the Family Law Act 1975

(Cwlth), section 60F have effect for that Act as if it were an order granting custody of the child is in force;

then the testamentary guardian has, in addition to the rights and responsibility referred to in subsections (1) and (2)—

        (e)     the right to have the daily care and control of the child; and

        (f)     the right and responsibility to make decisions concerning the daily care and control of the child.

    (4)     Where—

        (a)     an appointment of a testamentary guardian of a child has taken effect; and

        (b)     another person or persons has or have the guardianship of that child;

the testamentary guardian shall discharge his or her responsibility and duties and exercise his or her powers and rights in relation to that child jointly with that other person or those other persons.