Legal Guardian: A Person Who Has Legal Authority to Care for Another

Legal Guardian: A Person Who Has Legal Authority to Care for Another

A legal guardian is a person who has the legal authority and the duty) to care for the personal and property interests of another person. The person who is being care for is legally known as a ward. Usually, a person has the status of legal guardian because the ward, usually a child, is incapable of caring for his or her own interests due to infancy, incapacity, or disability. The guardian is most often a relative, such as a grand parent, aunt or uncle, or cousin. However, the person does not have to be related to the individual, and it could simply be a friend of the family, or generally someone who cares about the well-being of the individual.

Most countries and states have laws that provide that the parents of a minor child are the legal custodian of that child, and that the parents can designate who shall become the child’s legal guardian in the event of their death. This is typically executed through a legal will, or last will and testament. This helps parents ensure that the child will be cared for according to their wishes. This is generally considered to be the least disruptive and the legal process is much easier than in other forms of guardianship.

Following are the various form of legal guardians:

General Guardianship – Courts generally have the power to appoint a legal guardian for an individual who is in need of special protection. A guardian with responsibility for both the personal well-being and the financial interests of the ward is known as a general custodian.

Special Guardianship – A person may also be appointed as a special guardian, who may have limited powers over the interests of the ward. A special attendant 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.

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. This is sometimes used during court cases or legal proceedings.

Natural Guardianship – Some jurisdictions allow the 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 custodian of that parent’s child.

View other legal and law definitions in our Investigation Glossary.

Related Articles

Theft: Illegally taking another persons property without their consent

What is Theft? Theft, in its simplest terms is stealing. Theft occurs when a person takes, or steals, property or

Summons and Subpoenas: Legal Commands to Appear in a Court of Law

What is a summons? Legally, a summons is a legal document issued by a court (known as a judicial summons)

Juvenile Delinquency, Bad Behavior by Young Teens and Teenagers

What is Juvenile Delinquency? Juvenile delinquency generally refers to illegal behavior by children or adolescents. The meaning and age of

No comments

Write a comment
No Comments Yet! You can be first to comment this post!

Write a Comment

Your e-mail address will not be published.
Required fields are marked*