Yes, and you should. In Ontario the appointment is effective for 90 days, after which the guardian must apply to court — but your nomination carries real weight.
The Canadian position
Courts decide guardianship on the best interests of the child. A parent's nomination is strong evidence, not a binding direction.
Name an alternate as well, in case your first choice cannot act.
The Islamic position
Islamic law distinguishes hadanah, care of the child, from wilayah over their property. The classical order of entitlement does not map onto best-interests analysis, so name your choice explicitly.
The four Sunni schools are not recorded as differing materially on this point in the sources reviewed. Where your own case turns on it, put it to a scholar of your school.
What to do about it
- Ask the person first.
- Name an alternate.
- Set up a testamentary trust for the children's shares.
- Write a letter of wishes covering religious upbringing.
General information, not legal or religious advice. Inheritance depends entirely on the exact family circumstances. Confirm the Canadian position with a lawyer in your province and any religious ruling with a qualified scholar.
Citations & sources
Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- Substitute Decisions Act, 1992 — Government of Ontario
- Limitation periods minors incapable persons ontario — Treadstone Law
- Court application guardian of property ontario — Treadstone Law
- Evidence needed guardianship application ontario — Treadstone Law
- Minority shareholder sue sale unfairly favours majority ontario — Treadstone Law
- Public guardian trustee last resort ontario — Treadstone Law
- Trust for minor child ontario will — Treadstone Law
- Wills & estates practice — Treadstone Law