Ward (law)
Encyclopedia
In law
, a ward is someone placed under the protection of a legal guardian
. A court
may take responsibility for the legal protection of an individual, usually either a child or incapacitated person, in which case the ward is known as a ward of the court, or a ward of the state, in the United States, Australia and New Zealand. In Ireland and the United Kingdom "the" is not used; the ward is thus termed a ward of court. In Canada the legal term is Crown ward
.
When children enter into CYS custody or foster care
, they become wards of various government entities dependent on country. In the U.S. they become wards of the respective states in which they reside. The state via the family court stands in loco parentis
to the child. Generally this entails assuming all lawful authority to make medical and legal decisions on the child's behalf.
In the United States, native peoples have also, at various times, under certain circumstances, been made wards of the state. One consequence of this was that they were not permitted to sue the federal government.
In Canada, to this day status Indians remain wards of the state as a result of Indian Act
legislation. Some scholars and political organizations, such as the Assembly of First Nations, have argued that this represents an apartheid-like system of governance.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, a ward is someone placed under the protection of a legal guardian
Legal guardian
A legal guardian is a person who has the legal authority to care for the personal and 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...
. A court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
may take responsibility for the legal protection of an individual, usually either a child or incapacitated person, in which case the ward is known as a ward of the court, or a ward of the state, in the United States, Australia and New Zealand. In Ireland and the United Kingdom "the" is not used; the ward is thus termed a ward of court. In Canada the legal term is Crown ward
Crown ward
A ward of the state, also known as a Crown ward is a term used in Canada to describe a foster child who has been made the legal responsibility of the government. The Children's Aid Society or a court can make a child a Crown ward if the child cannot be reunited with his/her natural family...
.
When children enter into CYS custody or foster care
Foster care
Foster care is the term used for a system in which a minor who has been made a ward is placed in the private home of a state certified caregiver referred to as a "foster parent"....
, they become wards of various government entities dependent on country. In the U.S. they become wards of the respective states in which they reside. The state via the family court stands in loco parentis
In loco parentis
The term in loco parentis, Latin for "in the place of a parent"" refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent...
to the child. Generally this entails assuming all lawful authority to make medical and legal decisions on the child's behalf.
In the United States, native peoples have also, at various times, under certain circumstances, been made wards of the state. One consequence of this was that they were not permitted to sue the federal government.
In Canada, to this day status Indians remain wards of the state as a result of Indian Act
Indian Act
The Indian Act , R.S., 1951, c. I-5, is a Canadian statute that concerns registered Indians, their bands, and the system of Indian reserves...
legislation. Some scholars and political organizations, such as the Assembly of First Nations, have argued that this represents an apartheid-like system of governance.
See also
- Charge (youth)Charge (youth)During the European Middle Ages, a charge often meant an underage person placed under the supervision of a nobleman. Charges were the responsibility of the nobleman they were charged to, and they were usually expected to be treated as guests or a member of the household...
- GodchildGodparentA godparent, in many denominations of Christianity, is someone who sponsors a child's baptism. A male godparent is a godfather, and a female godparent is a godmother...
- Court of Wards and LiveriesCourt of Wards and LiveriesThe Court of Wards and Liveries was a court established during the reign of Henry VIII in England. Its purpose was to administer a system of feudal dues; but as well as the revenue collection, the court was also responsible for wardship and livery issues....
- Government involvement in the Terri Schiavo caseGovernment involvement in the Terri Schiavo caseThe legislative, executive, and judicial branches, of both the United States federal government and the State of Florida, were involved in the case of Terri Schiavo. In November 1998 Michael Schiavo, husband of Terri Schiavo, first sought permission to remove his wife's feeding tube...
- History of the English fiscal systemHistory of the English fiscal systemThe history of the English fiscal system affords the best known example of continuous financial development in terms of both institutions and methods. Although periods of great upheaval occurred from the time of the Norman Conquest to the beginning of the 20th century, the line of connection is...