Assignment of guardianship and care:
The final decision (approval) concerning the appointment of a caregiver or guardian for a minor rests with the High Court of South Africa, as this Court is the upper guardian of all minor children, and it, therefore, cannot give an order contrary to the best interest of the minor. You, as the natural guardian, can make provisions in your will by appointing a fit and proper person that you wish to have as caregiver or guardian of your minor children at your death.
The child’s views must also be considered in any decision regarding the appointment of a caregiver or guardian in a will. The Act states that every child of an age, maturity and stage of development able to participate in any matter concerning him/her has the right to do so in an appropriate way. There is no set age at which children can make their own decisions, but the older and more mature they are, the more their wishes will be considered.
This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)