If you die without a Will (or a Deed) appointing a guardian for your children under the age of 19 years and no surviving parent has legal custody of your children, the Public Guardian and Trustee and the Superintendent of Family and Child Services become the guardians of your children. In order for a relative or other person to become guardian of your children, that person will have to apply to the Supreme Court of British Columbia for an order appointing him or her as guardian.
If you wish to appoint a guardian for your minor children, you should make a Will. You should always consult with the person you plan to appoint as guardian to determine if that person is prepared to assume the responsibility. You should also provide for alternate guardians in the event the person you have appointed is unwilling or unable to act.