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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

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.
Collins Dictionary of Law © W.J. Stewart, 2006
References in periodicals archive ?
The boy was found at an Irish cathedral on Friday after being taken from his legal guardian's home the day before.
In the US, it's legal for children to fire a weapon if they have permission from a parent or legal guardian and are supervised by a licensed instructor.
The legal guardian of seriously-ill Portsmouth baby Charlotte Wyatt failed yesterday to delay a court hearing to review the order allowing doctors not to resuscitate the 23-month-old if she stops breathing.
Newton, of Brooklands, Brook Street, Birkenhead, was due to go on trial for murdering Mr Joyce, his legal guardian, at a flat in St James Road, New Brighton in October, but admitted manslaughter.
Khan said that White had made Jemima Tyrian's legal guardian, in the event of her death.
"I told her because of her age, she needed a legal guardian to accompany her.
First the High Court, and then the Court of Appeal, rejected an application to have Official Solicitor Laurence Oates removed as Mary's legal guardian and to open the way for an 11th-hour challenge in the House of Lords.
Summary: RIYADH: Women campaigning for the abolishment of a rule stipulating they name a legal guardian every time they apply for a job say their patience with the Ministry of Labor is running thin because the government department has not responded to their initial demands.
Being a legal guardian means you will be responsible for all their daily needs - providing food, clothing, shelter and other necessities - and on a more complex level it may require you to manage their finances until they are of an age when they are legally deemed old enough to do so themselves.
No wonder Michael Jackson's three children were determined not to be left out when Oprah Winfrey turned up to interview Katherine Jackson, their legal guardian. Dressed casually, Prince Michael, 13, Paris, 12, and eight-year-old Blanket are seen laughing at grandad Joe's jokes while sat in the garden of their Los Angeles home.
And he has been made the legal guardian of her son Ian, 49, who has a genetic disorder which can cause learning difficulties.