Testamentary Guardianship Act 1984 (ACT)

The Testamentary Guardianship Act 1984 governs the appointment and responsibilities of testamentary guardians for children in the Australian Capital Territory (ACT). The Act allows parents and existing guardians of a child to appoint testamentary guardians by will or codicil. Testamentary guardians have responsibility for the long-term welfare of the child and have rights and duties similar to other guardians, except for the right to daily care and control of the child. The appointment of a testamentary guardian takes effect upon the death of the appointor if they are survived by a parent of the child, or upon the death of the appointor if no parent survives. Testamentary guardians can apply to the Supreme Court to have their appointment take effect immediately, and parents can apply to suspend the guardianship until the parent's death. The Supreme Court retains its existing powers relating to the guardianship and custody of children. The Act was republished on 22 November 2018, including amendments made by the Statute Law Amendment Act 2018.