guardian

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Guardian

A person lawfully invested with the power, and charged with the obligation, of taking care of and managing the property and rights of a person who, because of age, understanding, or self-control, is considered incapable of administering his or her own affairs.

guardian

n. a person who has been appointed by a judge to take care of a minor child (called a "ward") or incompetent adult personally and/or manage that person's affairs. To become a guardian either the party intending to be the guardian or another family member, a close friend or a local official responsible for the child's welfare will petition the court to appoint the guardian. In the case of a minor, the guardianship remains under court supervision until the child reaches 18. Naming someone in a will as guardian of one's child in case of the death of the parent is merely a nomination. The judge does not have to honor that request, although he/she usually does. Sadly enough, often a parent must petition to become the guardian of his/her child's "estate" if the child inherits or receives a gift of substantial assets, including the situation in which a parent gives his/her own child an interest in real property or stocks. Therefore, that type of gift should be avoided, and a trust created instead. While the term "guardian" also may refer to someone who is appointed to care of and/or handle the affairs of a person who is incompetent or incapable of administering his/her affairs, this is more often called a "conservator" under a conservatorship. (See: conservator, ward)

guardian

noun argus, attendant, bodyguard, champion, chaperon, conductor, conservator, custodian, custos, defender, defensor, escort, guard, keeper, overseer, patron, praeses, preserver, protector, safeguard, safekeeper, sentinel, sponsor, superintendent, supervisor, trustee, tutelar, warden, warder, watchman
Associated concepts: de facto guardian, domestic guardian, general guardian, guardian ad litem, guardian by statute, guardian de son tort, guardian of the person, legal guardian, special guardian, testamentary guardian
Foreign phrases: Tuta est custodia quae sibimet creditur.That guardianship is secure which trusts to itself alone. Lucrum facere ex pupilli tutela tutor non debet. A guardian ought not to make money out of the guardianship of his ward. Custos statum haeredis in custodia existennis meliorem, non deteriorem, facere potest. A guardian can make the estate of an existing heir under his guardiannhip better, but not worse. Minor minorem custodire non debet, alios enim praesumitur male regere qui seipsum regere nescit. A minor ought not to be guardian to a minor, for a person who knows not how to govern himself is preeumed to be unfit to govern others.
See also: administrator, caretaker, custodian, fiduciary, patron, protective, sponsor, superintendent, trustee, warden

guardian

a person who looks after the interests of an infant and is entitled to exercise parental rights over it and who is required to discharge parental responsibilities in respect of it. While still alive, parents are a child's natural guardians; they may appoint guardians to look after the child after their deaths.
References in periodicals archive ?
(a)(2) (McKinney 2016) (stating that guardianships should only be
of guardianships were granted before an attorney was appointed and 92%
One of the few ways to do that is through a legal guardianship change.
Department of Education website, "a student in legal guardianship does not need to report parent information on the FAFSA form because he or she is considered an independent student." Independent students are evaluated for financial aid based on their own income and resources and not that of their parents.
"Abusive guardianships are on the rise," warns Sugar.
Besides Sugar, who authored Guardianships and the Elderly, The Perfect Crime (a 2018 Amazon #1 Best New Release), speakers include: Judge Michelle Morley, FL Fifth Circuit Court; Linda Fieldstone, FL Supreme Court Certified Family Mediator; Eileen Leslie, CPA, CFE; Thomas F.
Senators Susan Collins (R-ME) and Bob Casey (D-PA), the Chairman and Ranking Member of the Senate Aging Committee, examined this issue and released the Committees report in a hearing titled, Ensuring Trust: Strengthening State Efforts to Overhaul the Guardianship Process and Protect Older Americans.
In the summer of 2016, we analyzed legislation pertaining to guardianship assistance along with the federal Title IV-E Guardian Assistance Program (GAP).
A grant from the ABA's Commission on Law and Aging and the National Center for State Courts made a Working Interdisciplinary Network of Guardianship Stakeholders, or WINGS, possible in Florida, led by Florida's courts.
(255) In fact, the New York County Surrogate's Court has struggled with these divergent processes and recognizes that subjects of Article 17-A guardianships are similarly situated and therefore should be treated equally to subjects of Article 81 guardianships.
Guardianship is the legal process whereby a state court appoints a person or organization to have the care and custody of an adult or child who has been determined to be legally incapacitated.
744 (also known as the Florida Guardianship Law or the Guardianship Code) in 2014, 2015, and 2016.