guardian

A person lawfully invested with the power, and charged with the duty, of taking care of the person and managing the property and rights of another person, who, for defect of age, understanding, or self-control, is considered incapable of administering his own affairs. One who legally has responsibility for the care and management of the person, or the estate, or both, of a child during its minority.

See also next friend.

Classification

A testamentary guardian is one appointed by the deed or last will of the child's father or mother; while a guardian by election is one chosen by the infant in a case where he or she would otherwise be without one.

A general guardian is one who has the general care and control of the person and estate of a ward; while a special guardian is one who has special or limited powers and duties with respect to a ward, e.g., a guardian who has the custody of the estate but not of the person, or vice versa, or a guardian ad litem.

A domestic guardian is one appointed at the place where the ward is legally domiciled; while a foreign guardian derives authority from appointment by the courts of another state, and generally has charge only of such property as may be located within the jurisdiction of the power appointing him.

A guardian ad litem is a special guardian appointed by the court in which a particular litigation is pending to represent an infant, ward or unborn person in that particular litigation, and the status of guardian ad litem exists only in that specific litigation in which the appointment occurs. Bowen v. Sonnenburg, Ind.App., 411 N.E.2d 390, 396.

A guardian by estoppel is one who assumes to act as guardian without legal authority; similar to a guardian de son tort (see below).

A guardian by nature, at common law, is the father, and, on his death, the mother, of a child. Daniels v. Metropolitan Life Ins. Co., 135 Pa.Super. 450, 5 A.2d 608, 611.

This guardianship extends only to the custody of the person of the child to the age of majority. Sometimes called "natural guardian". The common law preference for the father has been changed by statute in many states; e.g., in New York mothers and fathers are now equal in their rights of guardianship over their children. N.Y.Dom.Rel.L. No. 81.

A guardian by statute or testamentary guardian is a guardian appointed for a child by the deed or last will of the father, and who has the custody both of his person and estate until the attainment of full age. This kind of guardianship is founded on the English statute of 12 Car. II, c. 24, and has been extensively adopted in this country. 1 Bl.Comm. 462.

A guardian for nurture is the father, or, at his decease, the mother, of a child. This kind of guardianship at common law extended only to the person, and ended when the infant arrived at the age of fourteen. 1 BLComm. 461. With respect to a child born out of wedlock, the child's mother was the guardian by nurture and had the sole right to the custody and control of her child. Morey v. Peppin, Minn., 375 N.W.2d 19.

Today, statutes have superseded the common law in this regard. A guardian de son tort, sometimes described as "quasi guardian" or "guardian by estoppel," is one who assumes to act as guardian without valid authority. Similar to guardian by estoppel (see above)

@ guardian in chivalry

In the tenure by knight's service, in the feudal law, if the heir of the feud was under the age of twenty-one, being a male, or fourteen, being a female, the lord was entitled to the wardship (and marriage) of the heir, and was called the "guardian in chivalry." This wardship consisted in having the custody of the body and lands of such heir, without any account of the profits. 2 Bl.Comm. 67

@ guardian in socage

At the common law, this was a species of guardian who had the custody of lands coming to the infant by descent, as also of the infant's person, until the latter reached the age of fourteen. Such guardian was always "the next of kin to whom the inheritance cannot possibly descend." 1 Bl.Comm. 461.

@ natural guardian

At common law, the father of the child, or the mother if the father be dead. In most states, statutes have superseded this rule and mothers and fathers are equal in their rights of guardianship over their children. E.g., N.Y.Dom.Rel.L. No. 81

See also guardian by nature

@ guardian of the peace

/gard(i)yan av 3a piys/ A warden or conservator of the peace

@ guardian of the poor

In English law, a person elected by the ratepayers of a parish to have the charge and management of the parish work-house or union

@ guardian of the spiritualities

/gard(i)yan av 5a spirityuwibtiyz/ In England, the person to whom the spiritual jurisdiction of any diocese is committed during the vacancy of the see

@ guardian of the temporalities

/gard(i)yan sv da temparilatiyz/ The person to whose custody a vacant see or abbey was committed by the crown

@ guardian of the Cinque Ports

@ warden of the Cinque Ports

@ guardian or warden of the Cinque Ports

/gard(i)yan av 3a sigk ports/wordanV. A magistrate who has the jurisdiction of the ports or havens which are called the "Cinque Ports" (q.v.). This office was first created in England, in imitation of the Roman policy, to strengthen the sea-coasts against enemies, etc.

+ warden of the Cinque Ports

/wordan av Ss sink ports/ In English law, the title of the governor or presiding officer of the Cinque Ports (q.v.). Since 1978 the office has been held by the Queen Mother

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