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The Guardians and Wards Act, 1890

( ACT NO. VIII Of 1890 )

Chapter II

APPOINTMENT AND DECLARATION OF GUARDIANS

Matters to be considered by the Court in appointing guardian
17. (1) In appointing or declaring the guardian of a minor, the Court shall, subject to the provisions of this section, be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor.
 
 
(2) In considering what will be for the welfare of the minor, the Court shall have regard to the age, sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a deceased parent, and any existing or previous relations of the proposed guardian with the minor or his property.
 
 
(3) If the minor is old enough to form an intelligent preference, the Court may consider that preference.
 
 
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(5) The Court shall not appoint or declare any person to be a guardian against his will.

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Ministry of Law, Justice and Parliamentary Affairs