Professional Legal Training Course (PLTC) Family Law Practice Exam

Question: 1 / 400

What happens if a sole guardian dies without an appointed successor?

A new guardian must be chosen by the family

Default guardians are appointed under the Infants Act

When a sole guardian dies without having appointed a successor, the provisions of the Infants Act come into play. Under this act, default guardians are appointed to ensure that the best interests and welfare of the child are prioritized. This legal framework recognizes the need to protect the rights and needs of minors, especially when there is a disruption in their guardianship situation, such as the death of a primary guardian.

The system of default guardianship ensures a seamless transition of care for the child so that they do not experience a lapse in guardianship during what could be an emotionally challenging time. This process typically involves the court or relevant child welfare authorities identifying suitable guardians based on criteria established in the act, ensuring that the child's environment remains stable and supportive.

In contrast, other options presented do not accurately reflect the legal procedure that follows the death of a sole guardian. For instance, while a family might consider selecting a new guardian, this does not represent the immediate legal approach dictated by the Infants Act. Simply placing the child with a relative or terminating their guardianship is not aligned with the established legal framework that aims to safeguard the child's well-being after such an event.

Get further explanation with Examzify DeepDiveBeta

The child must live with a relative

The child's guardianship is terminated

Next Question

Report this question

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy