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Section 17: Matters to be considered by the Court in appointing guardian.

The Guardians and Wards Act, 1890Central Act · Act 8 of 1890

(1) In appointing or declaring the guardian of a minor, the Court shall, subject to the provisions of this section, be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor.

(2) In considering what will be for the welfare of the minor, the Court shall have regard to the age, sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a deceased parent, and any existing or previous relations of the proposed guardian with the minor or his property.

(3) If the minor is old enough to form an intelligent preference, the Court may consider that preference.

* * * * *

(5) The Court shall not appoint or declare any person to be a guardian against his will.

Where this provision sits

ActThe Guardians and Wards Act, 1890
Section17
Marginal noteMatters to be considered by the Court in appointing guardian.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it4

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • omitted, Act 3 of 1951. . Sub-section (4) omitted by Act 3 of 1951, s. 3 and the Schedule.

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