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Section I   Appointment of Tutors

Revised Laws of Saint Lucia (2021)

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Section I   Appointment of Tutors

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    (Substituted by Act 34 of 1956)

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    217.   

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      (1)     Tutorships are of 3 kinds, namely:

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        (a)     those appointed by the Court,

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        (b)     those appointed by the father or mother in accordance with article 219, and

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        (c)     the legal tutorship of the surviving father or mother.

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      (2)     The Court may on the petition of any person including the minor himself in certain cases appoint a tutor to any minor, whether such minor is entitled to property or not.

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    218.   

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      (1)     On the death of the father of a minor the mother, if surviving, shall, subject to the provisions of this Code, be tutor of the minor, either alone or jointly with any tutor appointed by the father. When no tutor has been appointed by the father or if the tutor appointed by the father is dead or refuses to act, the Court may if it thinks fit appoint a tutor to act jointly with the mother.

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      (2)     On the death of the mother of a minor, the father, if surviving, shall, subject to the provisions of this Code, be tutor of the minor, either alone or jointly with any tutor appointed by the mother. When no tutor has been appointed by the mother or if the tutor appointed by the mother is dead or refuses to act, the Court may if it thinks fit appoint a tutor to act jointly with the father.

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      (3)     Where both the father and the mother of a minor are dead, the Court on the petition of any person, may, if it thinks fit, appoint the applicant to be the tutor of the minor.

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    219.   

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      (1)     The father of a minor may by deed in notarial form or by will appoint any person to be tutor of the minor after his death.

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      (2)     The mother of a minor may by deed in notarial form or by will appoint any person to be tutor of the minor after her death.

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      (3)     Any tutor so appointed shall act jointly with the mother or father, as the case may be, of the minor so long as the mother or father remains alive unless the mother or father objects to his so acting.

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      (4)     If the mother or father so objects or if the tutor so appointed as aforesaid considers that the mother or father is unfit to have the custody of the minor, the tutor may apply to the Court, and the Court may either refuse to make any order (in which case the mother or father shall remain sole tutor) or make an order that the tutor so appointed shall act jointly with the mother or father, or that he shall be sole tutor of the minor and in the latter case may make such order regarding the custody of the minor and the right of access thereto of its mother or father as, having regard to the welfare of the minor, the Court may think fit, and may further order that the mother or father shall pay to the tutor towards the maintenance and education of the minor such weekly or other periodical sum as, having regard to the means of the mother or father, the Court may consider reasonable.

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      (5)     Where tutors are appointed by both parents, the tutors so appointed shall after the death of the surviving parent act jointly.

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      (6)     If under the preceding article a tutor has been appointed by the Court to act jointly with the surviving parent he shall continue to act as tutor after the death of the surviving parent; but if the surviving parent has appointed a tutor, the tutor appointed by the Court shall act jointly with the tutor appointed by the surviving parent.

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    220.   Where 2 or more persons act as joint tutors of a minor and they are unable to agree on any question affecting the welfare of the minor, any of them may apply to the Court for its direction, and the Court may make such order regarding the matters in difference as it may think proper.

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    221.   The power of the Court under the preceding article to make orders regarding matters in difference between persons acting as joint tutors of a minor shall, where one of the said persons is the mother or father of the minor, include power—

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      (a)     to make such orders regarding the custody of the minor and the right of access thereto of its mother or father as, having regard to the welfare of the minor, the Court may think fit; and

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      (b)     to order the mother or father to pay towards the maintenance and education of the minor such weekly or other periodical sum as, having regard to the means of the mother or father, the Court may consider reasonable; and

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      (c)     to vary or discharge any order previously made under the said article.

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    222.   The powers conferred on the Court by paragraph (4) of article 220, in cases where an appointed tutor is to be the sole tutor of a minor to the exclusion of its mother or father, may be exercised at any time and shall include power to vary or discharge any order previously made in virtue of those powers.

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    223.   No one is bound to accept a tutorship, unless he is the father or the mother of the minor.

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    A tutor having accepted the office cannot resign at will. (Amended by Act 13 of 1989)

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    224.   Where a minor is without a tutor, or where his interests and those of his tutor conflict, the Court may appoint a tutor for any special purpose, such as consenting to a marriage, giving a receipt for a legacy, or the conduct of legal proceedings, or may itself give the necessary consent or authority.

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    225.   Save as is otherwise in this section provided, one tutor only is appointed for each minor, and may be appointed to any number. Nevertheless the Court may, if it thinks fit, appoint a tutor to the person of the minor, and a separate tutor to his or her property.

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    The mother or other female ascendant who has remarried may be appointed joint-tutor with her second husband.

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    226.   A tutor acts and administers, as such, from the time of his or her appointment, if it take place in his or her presence; in any other case from the time of his or her being notified of it. But the appointment of a tutor by deed or will does not take effect until the death of the parent who appointed him or her.

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    227.   Tutorship is a personal office which does not pass to the personal representatives of the tutor. They are simply responsible for his or her administration and are bound to continue it until a new tutor is appointed.

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    228–241.   (Repealed by Act 34 of 1956)

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