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 ?
Instead, a comparison is used only to explore the substantive and procedural aspects of these different systems for appointing guardianships.
2012) ("To the extent that New York courts have recognized [']least restrictive alternative['] as a constitutional imperative, it must, of necessity, apply to guardianships sought pursuant to [A]rticle 17-A, as well as under the more recent and explicit Mental Hygiene Law [A]rticle 81.
In New York State, guardianship of individuals with intellectual disabilities and developmental disabilities may be sought pursuant to Article [17-A] or Mental Hygiene Law Article 81.
The workgroup will provide the Supreme Court with a report evaluating guardianship practices and recommending ways to enhance the guardianship process.
Further evaluating guardianship practices supports the branch's goal of ensuring that court procedures and operations are easily understandable and user-friendly and supports our mission to protect rights and liberties of all," Shinholser said.
For more information about guardianship in Florida's court system, visit the court improvement webpage at www.
635, the clerk's office lacked authority to conduct in-depth reviews of guardianship reports and the ability to obtain certain documentation necessary to fully review guardianship cases.
635 also significantly expands the scope of the clerk's authority to obtain discovery in guardianship cases.
limit their role significantly, especially when guardianships were
was applied to guardianships involved codifying the notion that
The lines between guardianship and supported decision making are being blurred.
50) This leaves QCAT in a precarious situation; although the Act compels QCAT to use guardianship and administration as a method of last resort, (51) the refusal to appoint a guardian or administrator would prevent older people who choose to enter into an aged care facility from realising that decision.