Guardianship Act Introduced

Justice Minister Michael Baker today introduced a new Guardianship Act, which is designed to protect the financial estates of children. The bill provides a clear summary of the law dealing with the assets of children. It also outlines how a guardian may be appointed to manage these assets.

"We must be diligent in protecting the assets of those who are most vulnerable in our society," said Mr. Baker.

The bill clarifies the difference between guardianship of a person versus property. It confirms that a parent must be appointed by the court to serve as guardian of a child's property. The guardian must provide security in the form of a bond, unless the court decides otherwise.

In considering a guardian's application, the court will consider the ability of the proposed guardian to care for and manage the property, the merits of the plan proposed by the guardian and the views of the child, where they can reasonably be obtained.

When more than one guardian is appointed, the guardians have joint responsibility for the care and management of the property.

The new act will replace the existing Guardianship Act. It is similar to legislation in Ontario, Newfoundland and Saskatchewan.

"This legislation helps to ensure that proper safeguards are in place when dealing with the assets of children," said Mr. Baker. "It replaces an act that had been a source of confusion for the legal community."