Guardianship Act Proclaimed

The financial estates of children in Nova Scotia will be better protected as the Guardianship Act takes effect today, Aug. 29. The act provides a clear summary of the law dealing with the assets of children and outlines how a guardian may be appointed to manage these assets.

"We have a duty to protect the economic interests of children," said Justice Minister Michael Baker. "We were pleased to bring this bill forward in the last session, and we're pleased now to proclaim it."

The legislation clarifies the difference between guardianship of a person versus property. It confirms that a parent must be appointed by the court to serve as guardian of a child's property and that the guardian must provide security in the form of a bond, unless the court decides otherwise.

In considering a guardian's application, the court shall consider the ability of the proposed guardian to care for and manage the property, the merits of the plan proposed by the guardian and the views of the child where they can reasonably be obtained. When more than one guardian is appointed, the guardians have joint responsibility for the care and management of the property.

The act replaces the existing Guardianship Act and is similar to legislation in Saskatchewan, Ontario and Newfoundland and Labrador.

"This legislation helps to ensure that proper safeguards are in place when dealing with the assets of children, and replaces an act which had been a source of confusion for the legal community," said Mr. Baker.