guardian

(redirected from legal guardian)
Also found in: Dictionary, Thesaurus, Medical, Financial, Encyclopedia, Wikipedia.

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 ?
Although initiatives to promote self-determination, person-centered planning, and self-advocacy encourage personal decision-making by the individual with a disability, they do not override the authority of legal guardians to make determinations authorized by state courts in guardianship proceedings, despite claims to the contrary by some disability advocates.
Discharge of involuntarily admitted patients when their legal guardians are unwilling to accept them back home
Researchers: Obtaining consent for the participation of children in HIV prevention trials is extremely complex; children under 18 will require consent from a parent or legal guardian, but will have the capacity to consent independently to some procedures and interventions within these trials.
While the beneficiary is a child (under 18 years) the net family income of the beneficiary's parents or legal guardian would be used to determine whether the beneficiary would be eligible for the bond and matching grant amounts.
After both parents were carried off by cancer within three years of each other, Barrie, incredibly, became the sole legal guardian of the five young Llewelyn-Davies boys to whom he dedicated Peter Pan.
Khan said that White had made Jemima Tyrian's legal guardian, in the event of her death.
First, a trust is exempt if it contains the assets of a disabled individual under age 65, established for his or her benefit by a parent, grandparent, legal guardian or court.
Similar violations were found by the court for regulations that banned visits from a former prisoner, probationer or a parolee (other than a prisoner's immediate family), required children to be accompanied by an immediate family member or legal guardian, and a permanent ban on all visitation (other than attorney or clergy) for prisoners with two or more major misconduct charges for substance abuse.
Her brother, a Republican and a religious Episcopalian, asked her to be the "financial" guardian of his three daughters in the event of his and his wife's deaths but preferred a married sister as the legal guardian.
Grandpa Louie died when I was 5, my Uncle Jeff when I was 6, and my mom when I was 7--all from AIDS," says Jamie, now 16 and living in Wichita, Kansas, with her legal guardian, Sandy Hyson, an AIDS educator.
A case in point involved a woman for whom one daughter, serving as legal guardian, had agreed to withdrawal of a feeding tube, but found herself unable to stand up to another daughter who demanded that the tube remain.
The appointment of a legal guardian is a major imposition on a person's autonomy.