Guardianship

“ 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. ”

“ Then as to the guardianship: again we do not want to ask too much, but surely if it can be shown that no one else has moved to save the child (which argues that no one else has cared much about her salvation) we should not be disqualified for guardianship on the sole ground that we are [315] not related? In such a case the relatives are the last people with whom she would be safe. An order may go forth from that nebulous and distant Impersonality, the British Government, to the effect that a certain child is not to be dedicated to gods during her minority. ”

“ Then, seeing their disappointment, he suggested the expedient of a legal guardianship: any individual over fifty years of age can attach himself to a minor of fifteen years or less by a legal claim, on becoming their official protector. ”

“ Where neither the mother, nor any one else, assumes the guardianship, an inventory of all the property which the father left shall be drawn up and signed by her and by witnesses, from the number of three to five, and shall be placed in the keeping of any bishop or priest whom the relatives may select, to be delivered to the children when they have attained their majority. ”

“ But whilst the English and American law require a guardianship where the property is situated, it is conceded, that, in the due exercise of comity, preference would ordinarily be given to the person already clothed with the authority of guardian in the minor's own country. ”

“ The State guardianship will tend to form in the convict the habit of duly regarding the rights of others and of looking up, with respect, to wise and beneficent direction; the labor system, that of uniform industry, of profitably employing the time instead of in idle indulgencies; strict discipline, that of cheerful submission to wholesome rules, regardful of the principles of right. ”

“ 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. ”

“ Our present guardianship laws, very few alike, show how women, each group alone in their own States, have struggled to mitigate the severest evils of sole fatherly guardianship, especially of the child's person. ”

“ It is because I do not believe there is, among the other persons to whom this guardianship is likely to be entrusted, any man with sense and heart enough to understand why the richest heiress in France might be permitted to marry a brave and honourable man without either rank or fortune. So, as I should have the same difficulty to contend with in another guardian, but not have the same effectual means of coercing him, perhaps, such a change might injure rather than aid my plans, besides ruining you irretrievably. ”

“ The Guardianship of Infants Act 1886 placed the mother almost on the same footing as the father as to guardianship of infants. On the death of the father the mother becomes guardian under the statute, either alone when no guardian has been appointed by the father, or jointly with any guardian appointed by him under 12 Chas. II. c. 24. A change of the law even more important is that whereby the mother may by deed or will appoint a guardian or guardians of her infant children to act after her death. ”

“ A guardian is appointed for a minor when the latter is not subjected to any parental authority; or when, although the minor has parents, these are unfitted, through lack of means or through defect of personal character, to make a proper use of their parental authority. The analogy between parental authority and guardianship should result in the guardian, in his care for the person and property of the ward, being invested with almost the same duties and rights as belong to the possessor of parental authority. ”

“ 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. ”

“ If we have given or sold to anyone the guardianship of such land, and he causes destruction or damage, he shall lose the guardianship of it, and it shall be handed over to two worthy and prudent men of the same ‘fee’, who shall be similarly answerable to us. ”

“ 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. ”

“ If there is no mother of the children, the guardianship and responsibility is taken up by one or more of the relatives of either the deceased father or deceased mother of the children, and it might be that some children would be taken over by some of such relatives, and some by others. ”

“ The Department of Social Welfare may institute a guardianship on its authority in cases when it shall be informed of the necessity to institute such by means other than those mentioned in Sections 195–196.
198. In cases when it shall be established that an adult person, due to old age or any other infirmity or to inexperience, shall not be able to manage his affairs in an expedient manner or to protect his interests in any specific instance, such adult may petition for the institution of a guardianship over him. ”

“ Guardianship shall be instituted to protect the interests of minors and persons mentally defective, and shall be administered either by the Department of Social Welfare or by a guardian specially appointed for such purpose.
191. Male persons not having attained the age of 18 or female persons under the age of 16 shall be deemed to be minors. ”

“ If the guardian dies in the meantime, then his heir will take the privileges and obligations of the guardianship, and reserve out of his inherited estate the amount due to the ward. Uncles and heads of families will act as guardians for minors left with property, and they will have to render a proper account of the amount received when the minor becomes old enough to look after his own affairs. ”

“ The term Friendly Guardianship is used to distinguish this oversight, which does not carry with it any formal authority, from the usual school guardianship of girls who are placed under our care for a period beyond that passed at school, and which is recognized as authoritative by the girls themselves and by their relatives, if they have any. ”

“ The father is the legal guardian of the persons, estates and earnings of the minor children. If he abandon them the mother is entitled thereto. At his death she is the guardian, if suitable. Should she marry again she loses the guardianship but, by agreement, the court may re-appoint her. ”

“ In such an event, the expedient which suggests itself to the more settled societies is to place the infant heir under guardianship till he reaches the age of fitness for government. The guardianship is generally that of the male Agnates; but it is remarkable that the contingency supposed is one of the rare cases in which ancient societies have consented to the exercise of power by women, doubtless out of respect to the overshadowing claims of the mother. ”

“ Persons not subject to power may still be subject either to guardians or to curators, or may be exempt from both forms of control. We will first examine what persons are subject to guardians and curators, and thus we shall know who are exempt from both kinds of control. And first of persons subject to guardianship or tutelage. ”

“ The local authorities entrusted with the general care of a particular group of children—destitute children, for instance—can readily, and with little additional trouble, assume the duties of guardianship. ”

“ The Defects of Individual Guardianship.—As time goes on it becomes increasingly difficult to obtain suitable guardians for children of the lower classes. Owing to the increasing frequency of migration, owing to the search for work and means of livelihood, and owing to the development of the means of communication, the wider family ties have been loosened and in part entirely destroyed. ”

“ God now gave me strength to take up this cross, for which may I be forever humbly grateful. But I shrank at first; for, unable to persuade any of my acquaintances to accompany me, I had to traverse this neighborhood alone. Did I say alone? Never did I experience a greater sense of guardianship, of protection, of being in the best of company, though these guardians and companions were visible only to the eye of faith (Psa. 91:10-12) . ”

“ But if, as we must believe, he everywhere discharges this affectionate guardianship to all the people of God, how much more will he condescend to grant his help unto us his children, among whom on the sacred couch of his blessed repose he resteth in the same flesh in which he ruled. ”

“ 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. ”

“ On another occasion, the friars of a Franciscan convent chose for their guardian a young man, whose life had been very irregularly spent in any thing rather than the duties of his calling, under the idea, that during the continuance of his guardianship, they would lead a merry life,—that very little attention would be paid to the rules and regulations of the Order ”

“ The law of guardianship, essentially revolutionary as it is, is yet no more than a first tentative approach to the realization of collective responsibility for the care of the young. The laws of marriage and divorce still bear traces of the passing order, frank and sensible acknowledgment of the existence of certain economic and psychological conditions only to be overcome when the complete change is accomplished. ”

“ See 28 Ed. 1. stat. 1. where Lands in Socage descend on the Part of the Mother, the Guardianship belongs to the next of Kin on the Part of the Father; and 12 Car. 2. c. 24. giving Power to the Father to dispose of the Wardship of his Child by Will.
Note : this act is listed in the Chronological Table of Statutes as the Guardians in Socage Act, 1267
This work is in the public domain worldwide because it was created by a public body of the United Kingdom with Crown Status and commercially published before 1974. ”

“ During the child's minority, if no trustee or guardian of his property has been appointed, the father will usually be appointed guardian, and in that capacity he is bound to administer the property for the benefit of his child, nor may he use it for his own profit. ”

“ If the sons of a man require guardians, and the father when he dies leaves a will appointing guardians, those who have been named by him, whoever they are and whatever their number be, if they are able and willing to take charge of the children, shall be recognised according to the provisions of the will. ”

“ 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. ”

“ You, my grandsons, I have entrusted to his care. He is your guardian. Obey him as if he was your father. And what is to happen to me? Many years of prison are due to me. I cannot look any man in the face until I have paid my debt to justice. ”

“ I think I’ve learned that—hum! that a good guardian might be a handy thing to have in the house. A reg’lar legal guardian, I mean. Otherwise—”
“Otherwise?”
“Otherwise there might be too many disinterested volunteer substitutes for the job. Maybe I’m wrong, but I doubt it.”
“Have you made up your mind to be that guardian?”
“Not yet. I haven’t made up my mind to anything yet. Now, Mr. Sylvester, while we’re waitin’ for what comes next—you’ve ordered enough grub to victual a ship—s’pose you just run over what your firm knows about ’Bije. That is, if I ain’t askin’ too much.” ”

“ My dear Clara, the responsibilities of a guardian are always very onerous, and his duties not always very agreeable, especially when his ward is the sole heiress of a large property and the object of pursuit by fortune hunters and maneuverers, male and female. ”

“ B The title of guardians to be reserved for the elders, the young men to be called auxiliaries. And perhaps the word ‘guardian’ in the fullest sense ought to be applied to this higher class only who preserve us against foreign enemies and maintain peace among our citizens at home, that the one may not have the will, or the others the power, to harm us. The young men whom we before called guardians may be more properly designated auxiliaries and supporters of the principles of the rulers. ”

“ The guardian of the king, while a minor, shall be the person appointed in the will of the deceased sovereign, always providing that such guardian shall be a Spaniard by birth; if the deceased king should not have appointed such guardian of the successor, a minor, to the throne, then the father or mother, being in the state of widowhood, shall be the guardian. ”