§ 1712 Appointment of successor

Here's what this rule means. If a child has a guardian who was named in a will or in a legal document (called a deed), and that guardian is no longer able to serve, the court can step in and appoint a new guardian to take their place.

This new guardian gets the same powers that the original will or deed gave to the first guardian. The court appointment works the same way as other guardian appointments under the law. The main limit is this: the court cannot make this appointment if doing so would go against what the will or deed clearly says should happen instead.

In simple terms, this rule fills a gap. If someone named a guardian for a child but that guardian can't serve anymore, the court makes sure the child still has a guardian with the same authority, as long as it does not conflict with the original wishes spelled out in the will or deed.