Guardianship

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‘Guardianship’ generally refers to the right of someone to care for another person, or to look after their property and affairs. There are basically two kinds of guardianship relating to children – guardianship of a child themselves (‘of the child’s person’), or of a child’s property. A person who has custody or care of a child can give guardianship of the child to a named person through a document called a ‘guardianship agreement,’ or through a will where they name the other person as the guardian. The person being given guardianship has to be an adult. In Nova Scotia, this means someone who is 19 or older. In these cases, the appointment of a guardian is a private matter between the parties. These appointments may be challenged by anyone who might have a legal right to care for the child.

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