Guardian in Europe

Definition of Guardian

A person having the right and duty of protecting the person, property or rights of one who is without full legal capacity or otherwise incapable of managing his own affairs
(1) Guardianship in chivalry was the right of the lord to hold the land of an infant tenant until majority
(2) Guardianship in socage was the right of the next of blood to whom the inheritance could not descend, to the wardship of the land while the heir was under the age of fourteen
(3) Guardian-ship by nature was that exercised by a father over the person of his son and heir apparent
(4) A guardian by election is one chosen by an infant himself
(5) A guardian by statute is one appointed by will pursuant to the statute 12 Car. 2, c. 24
(6) A guardian ad litem is a person appointed to defend an action or other proceeding on behalf of an infant or lunatic not so found. (Order XVI, rr. 1718.)
Matters arising out of the wardship of infants and the care of infants’ estates are consigned to the Chancery Division (Judicature Act, 1925, s. 56, sub-s. ‘l). See Eyre v. Countess of Shaftesbury.
By the Guardianship of Infants Act, 1925, in proceedings before any Court in questions relating to the custody, upbringing, etc., of infants, the welfare of the infant is to be the paramount consideration. Equal rights of applying to the Court are given to mother and father. On the death of the father of an infant, the mother, if surviving, shall be guardian of the infant, either alone or jointly with any guardian appointed by the father, or the Court may appoint a guardian to act jointly with the mother. Corresponding provisions apply on the death of a mother. A father or mother may by deed or will appoint a guardian to act jointly with the surviving parent. In cases of difficulty or dispute the Court may make such order as it thinks fit. The consent required for the marriage of an infant must be given by both parents if surviving or by the parent with the custody of the child if they are separated, otherwise by the surviving parent or a guardian.

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Definition of Guardian is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.

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