CAP. 141
Children
[Rev. 2012]
(3) For the avoidance of doubt, an appointment under section 104 is revoked
if the will or codicil is revoked.
(4) A person who is appointed a guardian under section 104 or 105 may
disclaim his appointment by an instrument signed by him and made within
reasonable time of his first knowing that the appointment has taken effect.
(5) Where regulations are made by the Chief Justice prescribing the manner
in which such disclaimer must be recorded, no such disclaimer shall have effect
unless it is recorded in the prescribed manner.
(6) Any appointment of a guardian may be brought to an end at any time by
order of the court on the application of—
(a) any parent or guardian; or
(b) the child concerned, with the leave of the court; or
(c) a relative of the child,
in any proceedings if the court considers that it should be brought to an end even
though no application has been made.
(7) Where a court revokes an appointment of guardian the court shall prior to
doing so, ascertain who would have guardianship or legal custody of the child if,
on the revocation of the appointment of the guardian, no further order was made.
107. Extension of appointment of guardian beyond child’s eighteenth
birthday
(1) The appointment of a guardian shall be determined upon the child attaining
the age of eighteen years, unless exceptional circumstances exist that would
require a court to make an order that the appointment be extended.
(2) The exceptional circumstances referred to in subsection (1) are that the child
suffers from a mental or physical disability or from an illness that will render him
incapable of maintaining himself, or of managing his own affairs and his property
without the assistance of a guardian after his eighteenth birthday or such other
exceptional circumstances with regard to the child as the court may deem proper
to warrant the making of an order under this section.
(3) Where an order is made under subsection (1), it shall be made prior to the
child’s eighteenth birthday and may be made on an application by—
(i) the child; or
(ii) the parent or guardian of the child; or
(iii) a relative of the child; or
(iv) the Director:
Provided that no order shall be made without the consent of the child, if he is
capable of giving such consent, and of the guardian whose appointment is required
to be extended.
(4) A court making an order under this section may attach such conditions as to
the duration of the order and containing directions as to how it shall be carried out,
imposing such other conditions that must be complied with and with such incidental,
supplemental or consequential provisions as the court thinks fit.
[Issue 1]
C15 - 50
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