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Encyclopedia > Legal guardian
Family law
Entering into marriage
Prenuptial agreement  · Marriage
Common-law marriage
Same-sex marriage
Legal states similar to marriage
Cohabitation  · Civil union
Domestic partnership
Registered partnership
Dissolution of marriage
Annulment  · Divorce  · Alimony
Issues affecting children
Paternity  · Legitimacy  · Adoption
Legal guardian  · Ward
Emancipation of minors
Parental responsibility
Contact (including Visitation)
Residence in English law
Custody  · Child support
Areas of possible legal concern
Spousal abuse  · Child abuse
Child abduction
Adultery  · Bigamy  · Incest
Conflict of Laws Issues
Marriage  · Nullity  · Divorce

A legal guardian is 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 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 their death. Image File history File links Scale_of_justice. ... Family Law was a television drama starring Kathleen Quinlan as a divorced lawyer who attempted to start her own law firm after her lawyer husband took all their old clients. ... A prenuptial agreement or antenuptial agreement, commonly abbreviated to prenup or prenupt, is a contract entered into by two people prior to marriage or civil union. ... For the record label, see Marriage Records. ... Common-law marriage (or common law marriage), sometimes called informal marriage or marriage by habit and repute is, historically, a form of interpersonal status in which a man and a woman are legally married. ... See also Civil union Registered partnership Domestic partnership Timeline of same-sex marriage Listings by country This box:      Same-sex marriage is a term for a governmentally, socially, or religiously recognized marriage in which two people of the same sex live together as a family. ... “Living in sin” redirects here. ... As unregistered cohabitation Recognised in some regions Recognised prior to legalisation of same-sex marriage Netherlands (nationwide) (1998) Spain (12 of 17 communities) (1998) South Africa (nationwide) (1999) Belgium (nationwide) (2000) Canada (QC, NS and MB) (2001) Recognition debated See also Same-sex marriage Registered partnership Domestic partnership Common-law... A domestic partnership (known as Pairage) is a legal or personal relationship between individuals who live together and share a common domestic life but are not joined in a traditional marriage or a civil union. ... LGBT rights Around the world By country History · Groups · Activists Declaration of Montreal Same-sex relationships Marriage · Adoption Opposition · Discrimination Violence This box:      As unregistered cohabitation Recognised in some regions Recognised prior to legalisation of same-sex marriage Netherlands (nationwide) (1998) Spain (12 of 17 communities) (1998) South Africa (nationwide... Annulment is a legal procedure for declaring a marriage null and void. ... For the record label, see Divorce Records. ... In many countries alimony, maintenance or spousal support is an obligation established by law that is based on the premise that both spouses have an absolute obligation to support each other during the marriage (or civil union) unless they are legally separated, though in some instances the obligation to support... In law, Paternity is the legal acknowledgment of the parental relationship between a father and his child usually based on biological factors, but sometimes based on social factors. ... Freiheitsrechte Recht auf Leben, Freiheit, Eigentum, Sicherheit der Person Allgemeine, nur durch Gesetz beschränkbare Handlungsfreiheit Freiheit von willkürlichen Eingriffen in die Privatsphäre (Wohnung, Briefgeheimnis etc. ... For other uses, see Adoption (disambiguation). ... In law, a ward is someone placed under the protection of a legal guardian. ... Emancipation of minors is a legal mechanism by which a person below the age of majority (adulthood) gains certain rights, generally identical to those of adults. ... In the states of the European Union and elsewhere, parental responsibility refers to the rights and privilieges which underpin the relationship between a child and either its parents or those adults who have a significant role in its life. ... In Family Law, contact (or in the United States, visitation) is one of the general terms which denotes the level of contact a parent or other significant person in a childs life can have with that child. ... In Family Law, residence is an Order of the Family court under s8 Children Act 1989 following the breakdown of a marriage and determining where the child(ren) are to live and with whom. ... Child custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parents duty to care for the child. ... In many countries, child support or child maintenance is the ongoing obligation for a periodic payment made by a non-custodial parent to a custodial parent, caregiver or guardian, for the care and support of children of a relationship or marriage that has been terminated. ... Spousal abuse refers to a wide spectrum of abuse. ... Child abuse is the physical, sexual, or emotional maltreatment or neglect of children by parents, guardians, or others. ... Child abduction is the abduction or kidnapping of a child (or baby) by an older person. ... Adultery is voluntary sexual intercourse between a married person and a partner other than the lawful spouse. ... Polygamy, literally many marriages in ancient Greek, is a marital practice in which a person has more than one spouse simultaneously (as opposed to monogamy where each person has a maximum of one spouse at any one time). ... This article needs additional references or sources for verification. ... Private International Law, International Private Law, or Conflict of Laws is that branch of law regulating all lawsuits involving a foreign law element where a difference in result will occur depending on which laws are applied as the lex causae. ... In Conflict of Laws, the issue of marriage has assumed increasing public policy significance in a world of increasing multi-ethnic, multi-cultural community existence. ... In Conflict of Laws, the issue of nullity (known as annulment in the United States) in Family Law inspires a wide response among the laws of different states as to the circumstances in which a marriage will be valid, invalid or null. ... In modern society, the role of marriage and its termination through divorce have become political issues. ... This article or section does not cite any references or sources. ... In law, a ward is someone placed under the protection of a legal guardian. ... A human infant The word Infant derives from the Latin in-fans, meaning unable to speak. ... Incapacity is a term of law that refers to a persons lack of capacity to engage in certain actions to which legal consequences attach. ... Look up disability in Wiktionary, the free dictionary. ... A parent is a father or mother; one who begets or one who gives birth to or nurtures and raises a child; a relative who plays the role of guardian // Mother This article or section does not cite its references or sources. ... In law, a person who is not yet a legal adult is known as a minor (known in some places as an infant or juvenile). ...

Courts generally have the power to appoint a 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. 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. A guardian appointed to represent the interests of a person with respect to a single action in litigation is a guardian ad litem. A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermanns Microcosm of London (1808-11). ... A lawsuit is a civil action brought before a court in order to recover a right, obtain damages for an injury, obtain an injunction to prevent an injury, or obtain a declaratory judgment to prevent future legal disputes. ... Ad litem is a term used in law to refer to a party appointed by a court to act in a lawsuit on behalf of another party – for instance, a child or an incapacitated adult – who is deemed incapable of representing themselves. ...

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.

Guardian ad litem

Guardians ad litem are often appointed in divorce cases to represent the interests of the minor children. The kinds of people appointed as a guardian ad litem vary by state, ranging from volunteers to social workers to regular attorneys. The two divorcing parents are usually responsible for paying the fees of the guardian ad litem, even though the guardian ad litem is not responsible to them at all. In some states, the County government pays the fee of that attorney. The guardian ad litem's only job is to represent the minor children's best interests. For the record label, see Divorce Records. ... Motto: (Out Of Many, One) (traditional) In God We Trust (1956 to date) Anthem: The Star-Spangled Banner Capital Washington D.C. Largest city New York City None at federal level (English de facto) Government Federal constitutional republic  - President George Walker Bush (R)  - Vice President Dick Cheney (R) Independence from... This article does not cite any references or sources. ... A social worker is a person employed in the administration of charity, social service, welfare, and poverty agencies, advocacy, or religious outreach programs. ... An attorney is someone who represents someone else in the transaction of business: For attorney-at-law, see lawyer, solicitor, barrister or civil law notary. ... Local governments are administrative offices of an area smaller than a state or province. ...

Guardians ad litem are also appointed in cases where there has been an allegation of Child abuse, Child neglect, PINS, Juvenile delinquency, or dependency. In these situations, the guardian ad litem is charged to represent the best interests of the minor child which can differ from the position of the state or government agency as well as the interest of the parent or guardian. These guardians ad litem vary by jurisdiction and can be volunteer advocates or attorneys. Child abuse is the physical, sexual, or emotional maltreatment or neglect of children by parents, guardians, or others. ... Child abuse is physical or psychological mistreatment of a child by its parents, guardians, or other adults. ... Person in need of supervision is a term frequently used by social services agencies in the United States to describe a juvenile who is not currently in the household of a parent or legal guardian, or is currently not under their control as evidenced by the persons status offense... Juvenile delinquency refers to criminal acts performed by juveniles. ... In law, jurisdiction (from the Latin ius, iuris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area... An advocate is one who speaks on behalf of another, especially in a legal context. ...

They are also appointed in guardianship cases for adults (see also conservatorship). For example, parents may start a guardianship action to become the guardians of a developmentally disabled child when the child turns 18. Or, children may need to file a guardianship action for a parent when the parent has failed to prepare a Power of Attorney and now has dementia.

Guardians ad litem can be appointed by the Court to represent the interests of mentally ill or disabled persons.


Guardians ad litem are also sometimes appointed in probate matters to represent the interests of unknown or unlocated heirs to an estate.

A guardian is a fiduciary and is held to a very high standard of care in exercising his powers. If the ward owns substantial property the guardian may be required to give a surety bond to protect the ward in the event that dishonesty or incompetence on his part causes financial loss to the ward. The court of chancery, which governed fiduciary relations prior to the Judicature Acts The fiduciary duty is a legal relationship between two or more parties, most commonly a fiduciary or trustee and a principal or beneficiary, that in English common law is arguably the most important concept within the portion... A surety bond is a contract among at least three parties: (i) the principal, (ii) the obligee, and (iii) the surety. ...

Depending on the jurisdiction, a legal guardian may be called a conservator, custodian, or curator. Many jurisdictions and the Uniform Probate Code distinguish between a "guardian" or "guardian of the person" who is an individual with authority over and fiduciary responsibilities for the physical person of the ward, and a "conservator" or "guardian of the property" of a ward who has authority over and fiduciary responsibilities for significant property (often an inheritance or personal injury settlement) belonging to the ward. Some jurisdictions provide for public guardianship programs serving incapacitated adults or children. A custodian is a person that cleans and maintains large buildings. ...

External Links

  • National Guardianship Association (USA)
  • Mental Capacity Act 2005 (England and Wales)
  • Barry Yeomaobvb, Stolen Lives, AARP: The Magazine
  • How to Create, Manage & Terminate a Washington Guardianship --- Free Guardianship Forms & Instructions
  • National Association to Stop Guardian Abuse (NASGA) USA
  • UK Boarding School Guardians

  Results from FactBites:
Legal Guardian - AskTheBrain.com (522 words)
Legal guardians or parents of minors will be held responsible for their actions, and will be liable for all cost and/or damages including reasonable attorneys fees that may be incurred by malicious bidding.
Though women were legally and religiously inferior to their husbands or guardians nevertheless they were protected by the legal codes and in case of Royal women they enjoyed far more privileges and opportunities than most men would do in the society at large.
It is unlawful for a parent or legal guardian or custodian of a child younger than eighteen years of age to consent to the participation by the child in a sexual performance.
  More results at FactBites »



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