13Rights of surviving parent as to guardianship

#### 13 Rights of surviving parent as to guardianship 13 Rights of surviving parent as to guardianship > **s 13, hdg before:** Am 1970 No 60, First Sch. Rep 1999 No 31, Sch 5.106 \[1\]. > > > (1) On the death of a parent of a minor (the deceased parent), a surviving parent of the minor is, subject to the provisions of this Act, to be a guardian of the minor, either alone or jointly with any guardian appointed by the deceased parent. > > > (2) Where no guardian has been appointed by the deceased parent, or if the guardian or guardians appointed by the deceased parent is or are dead or refuses or refuse to act, the court may, if it thinks fit, appoint a guardian to act jointly with the surviving parent of the minor. > > **s 13:** Subst 1934 No 20, sec 5 (1) (a). Am 1970 No 60, First Sch. Subst 2018 No 28, Sch 2.3 \[1\].