All Topics  
Legal guardian

 

 
   Email Print
   Bookmark   Link
 

 

Legal guardian
 
 
  Topics Legal guardian Topic Home

A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property
Property

Property is any physical or virtual entity that is ownership by an individual or jointly by a group of individuals. An owner of property has the right to consumption, sell, Renting, mortgage, transfer and exchange his or her property....
 interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability
Disability

Disability is a lack of ability relative to a personal or group standard or norm. In reality there is often simply a spectrum of ability. Disability may involve physical impairment such as sense impairment, cognitive impairment or intellectual impairment, mental disorder , or various types of chronic disease....
. Most countries and states have laws that provide that the parent
Parent

A parent is a mother or father; one who sexual reproduction or gives birth to and/or nurtures and raises an offspring. The different roles of parents vary throughout the tree of life, and are especially complex in human culture....
s of a minor
Minor (law)

In law, the term minor is used to refer to a person who is under the age in which one legally assumes adulthood and is legally granted rights afforded to adults in society....
 child are the legal guardians of that child, and that the parents can designate who shall become the child's legal guardian in the event of death.

Court
Court

A court is a body, often a government institution, with the authority to adjudication legal disputes and dispense private law, criminal justice, or administrative law justice in accordance with rules of law....
s generally have the power to appoint a guardian for an individual in need of special protection.






Discussion
Ask a question about 'Legal guardian'
Start a new discussion about 'Legal guardian'
Answer questions from other users
Full Discussion Forum



Encyclopedia


A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property
Property

Property is any physical or virtual entity that is ownership by an individual or jointly by a group of individuals. An owner of property has the right to consumption, sell, Renting, mortgage, transfer and exchange his or her property....
 interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability
Disability

Disability is a lack of ability relative to a personal or group standard or norm. In reality there is often simply a spectrum of ability. Disability may involve physical impairment such as sense impairment, cognitive impairment or intellectual impairment, mental disorder , or various types of chronic disease....
. Most countries and states have laws that provide that the parent
Parent

A parent is a mother or father; one who sexual reproduction or gives birth to and/or nurtures and raises an offspring. The different roles of parents vary throughout the tree of life, and are especially complex in human culture....
s of a minor
Minor (law)

In law, the term minor is used to refer to a person who is under the age in which one legally assumes adulthood and is legally granted rights afforded to adults in society....
 child are the legal guardians of that child, and that the parents can designate who shall become the child's legal guardian in the event of death.

Court
Court

A court is a body, often a government institution, with the authority to adjudication legal disputes and dispense private law, criminal justice, or administrative law justice in accordance with rules of law....
s generally have the power to appoint a guardian for an individual in need of special protection. A guardian with responsibility for both the personal well-being and the financial interests of the ward is a general guardian. A person may also be appointed as a special guardian, having limited powers over the interests of the ward. A special guardian may, for example, be given the legal right to determine the disposition of the ward's property without being given any authority over the ward's person. A guardian appointed to represent the interests of a person with respect to a single action in litigation is a guardian ad litem
Ad litem

Ad litem is a term used in law to refer to a party appointed by a court to act in a lawsuit on behalf of another party?for instance, a child or an incapacitated adult?who is deemed incapable of representing self....
.

Some jurisdictions allow a parent of a child to exercise the authority of a legal guardian without a formal court appointment. In such circumstances the parent acting in that capacity is called the natural guardian of that parent's child.

Guardian ad litem


United States

Guardians ad litem are often appointed in divorce
Divorce

Divorce or dissolution of marriage is a legal process in which a judge or other authority dissolves the bonds of matrimony existing between two persons, thus restoring them to the marital status of being single....
 cases or in parenting time disputes to represent the interests of the minor children
Minor (law)

In law, the term minor is used to refer to a person who is under the age in which one legally assumes adulthood and is legally granted rights afforded to adults in society....
. Guardians ad litem are also used in other family matters involving grandparents obtaining custody or grandparenting time as well as protection orders where one parent is attempting to get an order against another party with a legal connection to the mother of the child. The kinds of people appointed as a guardian ad litem vary by state
United States

The United States of America is a Federal government constitutional republic comprising U.S. state and a federal district. The country is situated mostly in central North America, where its Contiguous United States and Washington, D.C., the Capital districts and territories, lie between the Pacific Ocean and Atlantic Oceans, Borders of the U...
, ranging from volunteer
Volunteer

A volunteer is someone who works Community service or for the benefit of environment primarily because they choose to do so. The word comes from France, it can also be translated as "will" ....
s to social workers to regular attorneys
Lawyer

A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an Attorney at law, counsel or solicitor; a person licensed to practice fraud." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain stability, and deliver justice....
 to others with the appropriate qualifications. The two divorcing parents are usually responsible for paying the fees of the guardian ad litem, even though the guardian ad litem is not responsible to them at all. In some states, the county government pays the fee of that attorney. The guardian ad litems only job is to represent the minor children's best interests.

Guardians ad litem are also appointed in cases where there has been an allegation of child abuse
Child abuse

Child abuse is the physical abuse, psychological abuse or child sexual abuse maltreatment of children. The Centers for Disease Control and Prevention defines child maltreatment as any act or series of acts or commission or omission by a parent or other caregiver that results in harm, potential for harm, or threat of harm to a child....
, child neglect, PINS
Person In Need of Supervision

Person in need of supervision, or PINS is a term frequently used by social services agencies in the United States to describe a juvenile who is not currently in the household of a parent or legal guardian, or is currently not under their control as evidenced by the person's status offense, who is not an emancipated minor....
, juvenile delinquency
Juvenile delinquency

Juvenile delinquency refers to criminal act acts performed by juvenile s. Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers....
, or dependency. In these situations, the guardian ad litem is charged to represent the best interests of the minor child which can differ from the position of the state or government agency as well as the interest of the parent or guardian. These guardians ad litem vary by jurisdiction
Jurisdiction

In law, jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility....
 and can be volunteer advocate
Advocate

An advocate is one who speaks on behalf of another person, especially in a legal context. It is used primarily in reference to the system of Scots law, Anglo-Dutch law, Scandinavian law and Law of Israel....
s or attorneys.

They are also appointed in guardianship cases for adults (see also conservatorship). For example, parents may start a guardianship action to become the guardians of a developmentally disabled child when the child turns 18. Or, children may need to file a guardianship action for a parent when the parent has failed to prepare a power of attorney and now has dementia.

Guardians ad litem can be appointed by the court to represent the interests of mentally ill or disabled persons.

United Kingdom

Guardians ad litem are employed by CAFCASS, a non-departmental public body, to represent the interests of children in cases where the child's wishes differ from those of either parent, known as a Section 9.5 case. The posts are filled by senior social workers with experience in family law proceedings.

Estates

Guardians ad litem are also sometimes appointed in probate matters to represent the interests of unknown or unlocated heirs to an estate.

A guardian is a fiduciary
Fiduciary

The fiduciary duty is a legal relationship of confidence or trust between two or more parties, most commonly a fiduciary or trustee and a principal or beneficiary ....
 and is held to a very high standard of care in exercising his powers. If the ward owns substantial property the guardian may be required to give a surety bond
Surety bond

A surety bond is a contract among at least three parties:* The principal - the primary party who will be performing a contractual obligation* The obligee - the party who is the recipient of the obligation, and...
 to protect the ward in the event that dishonesty or incompetence on his part causes financial loss to the ward.

Depending on the jurisdiction, a legal guardian may be called a conservator, custodian
Custodian

The term Custodian may refer to:* Janitor, a person who cleans and maintains buildings* Custodian bank, an organization responsible for safeguarding a firm's or individual's financial assets....
, or curator. Many jurisdictions and the Uniform Probate Code
Uniform Probate Code

The Uniform Probate Code is a List of Uniform Acts drafted by National Conference of Commissioners on Uniform State Laws governing inheritance and the decedents' Estate in the USA....
 distinguish between a "guardian" or "guardian of the person" who is an individual with authority over and fiduciary responsibilities for the physical person of the ward, and a "conservator" or "guardian of the property" of a ward who has authority over and fiduciary responsibilities for significant property (often an inheritance or personal injury settlement) belonging to the ward. Some jurisdictions provide for public guardianship programs serving incapacitated adults or children.

Situation in other countries


Germany

The German guardianship law has been completely changed in 1990. Guardianship was renamed into care-taking (Betreuung). When a person of full age who, as a result of mental disease or physical, mental or psychological handicap is incapable of managing his own affairs, a guardian can be appointed (article 1896 Civil Law). An adult guardian is responsible for personal and estate matters, as well as medical treatment. However, the ward has full capacity with all human rights like marrying, voting or making a will. Every guardian has to report annually to the guardianship court (Vormundschaftsgericht).

See also

  • Conservatorship
    Conservatorship

    Conservatorship is a legal concept to be found in the law of many states of the United States of America, whereby an entity is established by court order, or in the case of regulated business enterprises, via statutory or regulatory authority, that some property, person or entity be subject to the legal control of another person or entity, kn...


External links

  • USA