51Assigned guardian

51 Assigned guardian

51 Assigned guardian

(cf former Part 78, rule 31)

(1) Any person may apply for an order assigning the person as a minor’s guardian for the purpose of applying for the grant of administration.

(2) The application may be made—

(a) except as provided by paragraph (b), by summons, or

(b) if proceedings on an application for the grant of administration have already been commenced, by notice of motion in the proceedings,

and may be dealt with by the registrar in the absence of the public and without any attendance by or on behalf of any person.

(3) There is to be no defendant in proceedings on a summons referred to in subrule (2) (a).

(4) The application must be supported by evidence of—

(a) the proposed guardian’s relationship, if any, to the minor, and

(b) the proposed guardian’s fitness and appropriateness to act as the minor’s guardian.