A legal guardian has the rights and duty to protect a child and has all the powers of a parent.
An Order for Guardianship may be made by the State Supreme Courts (or relevant tribunals) for a child 16 years or over. Most, if not all, States have similar legislation. The Court will consider the child’s needs and circumstances in determining whether an Order should be made. Alternatively, a stepparent may be appointed as a child’s legal guardian in the last surviving natural parent’s Will.
Before you decide on any of the above options, it is important to obtain independent legal advice about the best choice for your family.