Western Australian Current Acts Western Australian Current Acts (1) A person who is
appointed under this section as a child’s guardian has parental
responsibility for the child.
(2) A court may
appoint a person to be the guardian of a child —
(a) if
no person has parental responsibility for the child; or
(b) if a
parenting order that deals with whom a child is to live with has been made in
favour of a person who has subsequently died or who cannot be found or refuses
to act.
(3) Subject to
subsections (4) and (5), a person who has parental responsibility for a child
may, by deed or will, appoint any person or 2 or more persons jointly to be
the guardian or guardians of the child after the person’s death, and an
appointment so made has effect after the person’s death in accordance
with the appointment.
(4) If a court has
declared that a person must not exercise the power in subsection (3) or that
any exercise of the power is of no effect then —
(a) the
person cannot make an appointment under subsection (3); and
(b) if
the person purports to make the appointment, the appointment is of no effect.
(5) An appointment
under subsection (3) has effect after the appointor’s death —
(a) if
at the time of the appointer’s death the appointer was the only person
with parental responsibility for the child; and
(b)
subject to any order of a court.
(6) A court may, on
being satisfied that it is in the best interests of a child, remove from
office any guardian, whether appointed under the provisions of this Act or by
will or otherwise and may also, if it considers it to be in the best interests
of the child, appoint another guardian in place of the guardian so removed.
[Section 71 amended: No. 35 of 2006 s. 145.]