Full legislation
s.7
When guardianship takes effect automatically
A person appointed by a parent or guardian as the guardian of a minor under section 6 automatically assumes guardianship over the minor on the death of the appointing parent or appointing guardian (as the case may be) if— (a) the appointing parent or appointing guardian has a custody order over the minor immediately before he or she dies irrespective of whether anyone else has a custody order over the minor at that time; or (b) the appointing parent or appointing guardian lived with the minor immediately before dying and the minor does not have any surviving parent or surviving guardian when the appointing parent or appointing guardian dies. (Replaced 1 of 2012 s. 5 )