58.14 Order Appointing Guardian In Place Of A Deceased Guardian - Guardianship Of Children Acts, 1964 To 1997 Section 8(5)
This form is used to appoint a new guardian for a child when the existing guardian has passed away, as provided for under Section 8(5) of the Guardianship of Children Acts, 1964 to 1997. It should be used when a child currently has a guardian who has died, and a replacement guardian needs to be formally appointed by the court.
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58.14 Order Appointing Guardian In Place Of A Deceased Guardian - Guardianship Of Children Acts, 1964 To 1997 Section 8(5)
This form is used to appoint a new guardian for a child when the existing guardian has passed away, as provided for under Section 8(5) of the Guardianship of Children Acts, 1964 to 1997. It should be used when a child currently has a guardian who has died, and a replacement guardian needs to be formally appointed by the court.
Risk Radar
- Not completing all sections of the form accurately is the most common reason for delays in appointing a new guardian.
- Incomplete form sections leading to delays in processing
- Missing required supporting documentation
- Incorrect information about the child or deceased guardian
- Failure to notify all relevant parties
Plain English
When a child's guardian passes away, someone needs to take on their role to make important decisions for the child. This form helps the court officially appoint a new guardian to ensure the child's welfare continues to be properly managed.
Submission Date
- There is no strict deadline for submitting this form, but it should be filed as soon as practicable after the death of a guardian to ensure the child's welfare needs are continuously met. Delays could result in the child being without a legally appointed guardian for decision-making purposes.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
Glossary Terms
No matched glossary terms in this overview yet.
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What this form is for
- • Use this form when a child's existing guardian has passed away
- • Use this form when you need to formally appoint a replacement guardian
- • Use this form when the previous guardian was appointed by court order
- • Use this form when there is no existing will appointing a new guardian
- • Do not use this form for temporary guardianship arrangements
- • Do not use this form for guardianship disputes between parents
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Guardian passes away with a will naming a replacement | Form 58.14 | Ensures court recognizes the replacement guardian | Check if the will has been probated |
| Both parents pass away naming a guardian in will | Form 58.14 | Ensures court appointment aligns with wishes | Check if the will is valid and properly witnessed |
| Guardian becomes unable to continue role | Form 58.14 | Formal appointment needed for legal authority | Check medical evidence of incapacity |
| Guardian resigns from role | Form 58.14 | Ensures continuous legal guardianship | Check if resignation is properly documented |
| Child has no guardian and no will exists | Initial guardianship application | Establishes legal guardianship from scratch | Check if child is in state care |
Deadline or filing window
There is no strict deadline for submitting this form, but it should be filed as soon as practicable after the death of a guardian to ensure the child's welfare needs are continuously met. Delays could result in the child being without a legally appointed guardian for decision-making purposes.
Before you submit
- • All sections of the form are completely filled out
- • Personal details of the proposed guardian are accurate
- • Details of the deceased guardian are correct
- • Child's information is up-to-date and complete
- • Any existing court orders related to guardianship are referenced
- • Required supporting documents are attached
- • Form is signed by the proposed guardian
- • A copy is kept for personal records
- • Court fees, if applicable, are paid
- • Form is submitted to the correct court office
How to file this form
- 1Obtain the current version of Form 58.14 from the Courts Service of Ireland website or court office
- 2Complete all sections with accurate information about yourself, the child, and the deceased guardian
- 3Gather required supporting documents such as death certificate and any existing court orders
- 4Submit the completed form to the appropriate court office
- 5Pay any required court fees
- 6Keep a copy of the submitted form for your records
- 7Attend any required court hearings if summoned
Known limitations
- • This form does not apply to guardianship arrangements made by will (probate may be required)
- • This form does not resolve disputes between potential guardians
- • This form does not apply to guardianship of adults
- • This form does not address financial arrangements for the child
- • Court approval is not guaranteed, even if the form is correctly completed
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✦ Open in AI EditorCurrent Form Status
This form appears to be the current version for use under the Guardianship of Children Acts, 1964 to 1997. No recent changes have been confirmed in official sources, but it's always advisable to check the Courts Service of Ireland website for the most up-to-date version before submission.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Form number and title have remained consistent
- • No major legislative changes affecting this form since 1997
- • Digital submission options may have been added recently
- • Supporting documentation requirements may have been updated
- • Court fees associated with this form submission may have changed
- • Processing times may have been affected by court backlogs
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Family Law Forms
- Source
- Court Forms ↗
- Revision Date
- 23/10/25
Downloads
58.14 Order Appointing Guardian In Place Of A Deceased Guardian - Guardianship Of Children Acts, 1964 To 1997 Section 8(5)
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After you file
- • Await confirmation from the court that your application has been received
- • Prepare to attend any required court hearings
- • Notify relevant parties (such as the other parent) of the application
- • Keep records of all communications with the court
- • Once appointed, understand your responsibilities as guardian
- • Consider seeking legal advice on your ongoing guardianship duties
Source and verification log
- • Form is issued by the Courts Service of Ireland
- • Form relates to Section 8(5) of the Guardianship of Children Acts, 1964 to 1997
- • Purpose is to appoint a guardian when a previous guardian has died
- • Not confirmed in official source: specific court offices that handle this form
- • Not confirmed in official source: current court fees for this application
- • Not confirmed in official source: typical processing times
- • Not confirmed in official source: digital submission options
- • Not confirmed in official source: recent updates to the form
Common confusion points
8 things to watch for
- 1
Confusion between guardianship appointed by will versus court appointment
- 2
Uncertainty about which court office to submit the form to
- 3
Not understanding the difference between guardianship and custody
- 4
Mistaking this form for applications related to adoption
- 5
Uncertainty about who needs to be notified of the application
- 6
Confusion about the level of consent required from other parties
- 7
Not realizing that court approval is needed even if all parties agree
- 8
Uncertainty about the ongoing responsibilities of a guardian
Related Guides & Resources
Irish Form Affidavit of Attesting Witness (for minors aged 13 and under) - Affidavit of Attesting Witness (for minors aged 13 and under)
Irish COURTS form Affidavit of Attesting Witness (for minors aged 13 and under): Form for Affidavit of Attesting Witness (for minors aged 13 and under).
View →Irish Form Oath of Administrators with Will Annexed including Bond (De Bonis Non for Single Applicant) - Oath of Administrators with Will Annexed including Bond (De Bonis Non for Single Applicant)
Irish COURTS form Oath of Administrators with Will Annexed including Bond (De Bonis Non for Single Applicant): This is an oath sworn by a single administrator appointed to continue administering an estate when a previous executor or administrator has died or ceased to act (de bonis non), including a bond to guarantee proper administration..
View →Irish Form Oath of Administrators with Will Annexed including Bond for Single Applicant - Oath of Administrators with Will Annexed including Bond for Single Applicant
Irish COURTS form Oath of Administrators with Will Annexed including Bond for Single Applicant: This is an oath sworn by a single administrator appointed under a will (where no executor is acting), including a bond to guarantee proper administration of the estate..
View →Irish Form Probate Office Order Form - Probate Office Order Form
Irish COURTS form Probate Office Order Form: This is a form used to request certified copies of probate documents from the Probate Office.
View →Source transparency
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