Legal Guardian
What is a
Legal Guardian?
A
legal guardian a person who has the legal authority (and the
corresponding duty) to care for the personal and property interests of
another person, called a ward. Usually, a person has the status of legal
guardian because the ward is incapable of caring for his or her own
interests due to infancy, incapacity, or disability. Most countries and
states have laws that provide that the parents of a minor child are the
legal guardians of that child, and that the parents can designate who
shall become the child's legal guardian in the event of death.
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General Guardian
Courts generally have the
power to appoint a legal guardian for an individual in need of special
protection. A guardian with responsibility for both the personal
well-being and the financial interests of the ward is a general
guardian.
Special Guardian
A person may also be
appointed as a special guardian, having limited powers over the
interests of the ward. A special guardian may, for example, be given the
legal right to determine the disposition of the ward's property without
being given any authority over the ward's person.
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Guardian
Ad Litem
A guardian appointed to
represent the interests of a person with respect to a single action in
litigation is a guardian ad litem.
Natural Guardian
Some jurisdictions allow a parent of a child to exercise the authority
of a legal guardian without a formal court appointment. In such
circumstances the parent acting in that capacity is called the natural
guardian of that parent's child. |