Children's Act, 2005 (Act No. 38 of 2005)

Chapter 3 : Parental Responsibilities and Rights

Part 1 : Acquisition and loss of parental responsibilities and rights

27. Assignment of guardianship and care

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1)

a)A parent who is the sole guardian of a child may appoint a fit and proper person as guardian of the child in the event of the death of the parent.

b)A parent who has the sole care of a child may appoint a fit and proper person to be vested with care of the child in the event of the death of the parent.

 

2)An appointment in terms of subsection (1) must be contained in a will made by the parent.

 

3)A person appointed in terms of subsection (1) acquires guardianship or care, as the case may be, in respect of a child-

a)after the death of the parent; and

b)upon the person’s express or implied acceptance of the appointment.

 

4)If two or more persons are appointed as guardians or to be vested with the care of the child, any one or more or all of them may accept the appointment except if the appointment provides otherwise.