Guardian (law)

“ The ward obtains or regains full capacity for civil conduct;
⁠ (2) The guardian loses the competence to be a guardian;
⁠ (3) The ward or the guardian is dead; and
⁠ (4) Any other circumstance where the people's court rules to terminate the guardianship.
⁠Where a ward is still in need of a guardian after the termination of the guardianship, a new guardian shall be appointed according to law. ”

“ Where property alone is concerned the term ‘curatorship’ may be employed. But it is not always easy to distinguish the two functions, for the person who controls the property tends also to control the person. This is seen when we consider the relation of guardians testamentary or dative to a surviving spouse. Guardianship certainly does not exclude the parental power, [21] but neither is it excluded by it. A surviving parent, it must be remembered, was not, as such, guardian of the property of his or her minor children, [22] however much parental power might imply control of the person. ”

“ And if a magistrate shall appear to have wronged the orphan by neglect, and he be convicted, let the court determine what he shall suffer or pay to the orphan, and if there be dishonesty in addition to neglect, besides paying the fine, let him be deposed from his office of guardian of the law, and let the state appoint another guardian of the law for the city and for the country in his room. ”

“ Let every one who has the care of an orphan observe this law. But any one who acts contrary to the law on these matters, if he be a guardian of the child, may be fined by a magistrate, or, if he be himself a magistrate, the guardian may bring him before the court of select judges, and punish him, if convicted, by exacting a fine of double the amount of that inflicted by the court. ”

“ To these the laws of the Cape and of the Transvaal add: (4) any person who as witness has attested the execution of any will which appoints such person guardian, and the wife or husband of such person. [47]
Others may excuse themselves; The second class includes: (1) soldiers; [48] (2) persons already burdened with three guardianships; (3) persons upwards of seventy years of age; (4) persons disqualified by sickness or infirmity. This list is not exhaustive; nor by the common law can any one claim exemption as of right. In fact, no rigid rule can be laid down ”

“ Any superior court of law or equity or any judge of said court, or a judge of a surrogate court, or deputy, may, on hearing the petition of a mother, or minor whose father is dead, appoint her as guardian—notwithstanding the appointment of another person by the father—of the estate to which the minor is entitled, and of such sums of money as are necessary from time to time for the maintenance of the minor. ”

“ The Guardianship Act 192 of 1993 repealed the common law rule that a father is the natural guardian of his legitimate children and replaced it by the rule that parents share guardianship in respect of their legitimate children. ”

“ Sections 23, 24.—Every justice of peace not being a stipendiary magistrate or assistant-barrister or minister of any religious denomination, is an ex-officio guardian of the poor of the union in which he resides, and after the board of guardians 224is duly constituted may act as a member of the board, in like manner as an elected guardian. ”

“ A guardian shall not dispose of the ward's property unless such disposition is for the purpose of protecting the interests of the ward.
⁠When the guardian of a minor makes a decision concerning the minor's interests in fulfilling the guardian's obligation, he/she shall respect the true will of the minor based on the age and intellect of the minor.
⁠The guardian of an adult shall respect to the maximum the true will of the adult, and ensure that the adult's civil juristic acts fit his/her intellect and mental health condition, and shall assist him/her in taking such acts. ”

“ His expenditure must be such as is demanded by the interest and credit of the minor, regard being had to the value of the estate and the minor's position in life. [69] He must preserve and secure the property, [70] call in and enforce debts, [71] invest in good securities, [72] and meet the minor's liabilities as they fall due. When the guardianship comes to an end, the guardian must properly wind up the business of his office, and is deemed to remain guardian for the purpose. [73] Where there are more guardians than one, it is not necessary that they should all act ”

“ Voet, 26. 4. 4. In Brit. Gui. a father has never been required to apply to the Court to be appointed guardian of his minor children along with another person named as guardian in the will of a deceased mother [G.] . ↑ Van Rooyen v. Werner (1892) 9 S. C. 425. ↑ Ibid., per de Villiers C. J. at p. 431. But a deceased father cannot exclude the mother except by appointing a testamentary guardian in her place. Voet, 27. 4. 2. ”

“ GUARDIANSHIP 63 due to them arising out of the administration and to the extent of loss attributable to the guardian's misconduct.^ By the Roman-Dutch Law this extends to the property of all tutors (natural, testamentary, or appointed) and cura- tors, as well as of protutors,^ i. e. persons who have acted as tutors without appointment or confirmation, and of agents and others who have concerned themselves in the administration of the minor's estate. Further, the liability attaches to a step-father who has married a mother-tutor before she has wound up the tutorship and settled her accounts ”

“ But if he did enter as guardian, that guardianship has been long since terminated and the accounts finally settled. There is no authority to prove that a guardian will not be protected by the statute of limitations after his guardianship has terminated. ”

“ If in the state of the forum the general guardian has the right to bring suit in his own name as such guardian, and does so, he is to be treated as the party plaintiff so far as Federal jurisdiction is concerned, even though suit might have been instituted in the name of the ward by guardian ad litem or next friend. ”

“ But if he dies and has made no will, or a will in which he has appointed no guardians, then the next of kin, two on the father's and two on the mother's side, and one of the friends of the deceased, shall have the authority of guardians, whom the guardians of the law shall appoint when the orphans require guardians. ”

“ That the order appointing a guardian is vague, uncertain and void.
7. That the answer of Turner, professing to be guardian, &c. not being under oath, is insufficient and void.
8. That said decree purports to be by counsent, whereas, it appears, that these complainants never appeared to said suit, in person or by guardian, and therefore, never could have assented, and cannot, as minors, be bound by the consent of an attorney. ”

“ Article 929 (Commencement of Guardianship over Incompetent, etc.) If an adjudication of incompetency or quasi-competency has been made, a guardian shall be appointed over such person who has been adjudicated as such. Article 930 (Number of Guardian) There shall be no more than one guardian. Article 931 (Designation of Guardian by Will) A parent who exercises parental authority over a minor may designate by will a guardian over a minor: Provided, That a person of parental authority who has no right of representation on juristic acts or of management of property may not designate a guardian. ”

“ In this chapter we shall consider: (1) the different kinds of guardianship and how guardians are appointed; (2) who may be guardians; (3) the powers, rights, and duties of guardians; (4) actions arising out of guardianship; (5) how guardianship ends. ”

“ For instance, if a guardian, after beginning to exercise his tutorial functions, retires from their exercise in favour of his fellow guardian, taking from him by stipulation security for the due charge of the ward's property, he has a sufficient interest in the performance of this promise, because the ward could have sued him in case of maladministration, and therefore the obligation is binding. ”

“ The guardian of the land of an heir who is under age shall take from it only reasonable revenues, customary dues, and feudal services. He shall do this without destruction or damage to men or property. If we have given the guardianship of the land to a sheriff, or to any person answerable to us for the revenues, and he commits destruction or damage, we will exact compensation from him, and the land shall be entrusted to two worthy and prudent men of the same ‘fee’, who shall be answerable to us for the revenues, or to the person to whom we have assigned them. ”

“ The Institution of Guardianship It must be also clearly understood by every believer that the institution of Guardianship does not under any circumstances abrogate, or even in the slightest degree detract from, the powers granted to the Universal House of Justice by Bahá’u’lláh in the Kitáb-i-Aqdas, and repeatedly and solemnly confirmed by ‘Abdu’l-Bahá in His Will. ”

“ A guardian, unless his powers in this respect are restricted by statute, is authorized, by virtue of his office, and without any order of court, to sell his ward's personal property, and reinvest the proceeds, and to collect or compromise and release debts due to the ward, subject to the liability to be called to account in the proper court if he has acted without due regard to the ward's interest. ”

“ Now this admission by no means goes to establish the inference that kings are amenable to the people. For though guardianships were invented for the benefit of wards, yet the guardian has a right to authority over the ward. Nor, though a guardian may for mismanagement be removed from his trust, does it follow that a king may for the same reason be deposed. ”

“ It is a proceeding in rem, the property itself in custodia legis; and if a guardian had been appointed, it would have been but a desecration of the power of the court, which, in the proceeding before us, was exercised by the court itself, through the agency and instrumentality of its officers.
The rule in respect to adversary suits against infants, requiring the appointment of a guardian, pendente lite, has no sort of application to the proceedings in question. ”

“ If he were an ‘infant’ and incapable of bearing arms, a relative was appointed guardian of his person and estate during his minority, and upon this guardian devolved the duties appertaining to the estate. ”

“ It is under no constitutional obligation to perpetually continue the relationship of guardian and ward. It may, at any time, abandon its guardianship, and leave the ward to assume and be subject to all the privileges and burdens of one sui juris. And it is for Congress to determine when and how that relationship of guardianship shall be abandoned. It is not within the power of the courts to overrule the judgment of Congress. ”

“ It was the duty of the court, where the bill on its face showed that the party whose interest was the principal one to be affected by the decree was both a minor and a feme covert, and that no one appeared for her in any manner to protect her interest, to have appointed a guardian ad litem for that purpose. If neither her husband nor he who is styled her guardian in the bill appeared to defend her interest, it was the more imperative that the court should have appointed some one to do it. ”

“ Section 6.3703: Natural guardian of person alleged to be incapacitated; other persons who may be appointed as a guardian. Section 6.3704: Procedure for court appointment of a guardian of an incapacitated person. ”

“ There, with the words "The Lord Protector doth consent," the Additional Petition and Advice, and therefore the whole new Constitution of the Protectorate, as just described, became law, and assent was given also to a number of Bills that had passed the House since the 9th. Among these was an "Act for convicting, discovering, and repressing of Popish Recusants," an "Act for the Better Observation of the Lord's Day," and an "Act for punishing such persons as live at high rates and have no visible estate, profession, or calling, answerable thereto." ”

“ No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. [Article IV.] The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. ”

“ If we were to lose sight of the true origin of Guardianship in both its forms and were to employ the common language on these topics, we should find ourselves remarking that, while the Tutelage of Women is an instance in which systems of archaic law push to an extravagant length the fiction of suspended rights, the rules which they lay down for the Guardianship of Male Orphans are an example of a fault in precisely the opposite direction. ”

“ In the one case the officers exist, the duty is plain, the plaintiff has a legal right to have these officers perform that duty for his benefit, and the remedy to compel this performance, namely, the writ of mandamus, has been a wellknown process in the hands of the courts of common law for ages. ”

“ For example, the right of usufruct in a child’s property cannot be assigned to the official guardian. Institutional guardianship consists in the exercise of guardianship by a State educational institution, or other State institution for the care of children, over children in that institution, the actual powers of guardianship being invested in the director or some other official of the institution. ”

“ Exalted as is the position and vital as is the function of the institution of the Guardianship in the Administrative Order of Bahá’u’lláh, and staggering as must be the weight of responsibility which it carries, its importance must, whatever be the language of the Will, be in no wise over-emphasized. ”