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. This page deals with property as ownership rights. ... A ward is a department in a hospital or similar such institution. ... A human infant The word Infant derives from the Latin in-fans, meaning unable to speak. ... The term disability, as it is applied to humans, refers to any condition that impedes the completion of daily tasks using traditional methods. ... Parenting comprises all the tasks involved in raising a child to an independent adult. ... The term minor (from Latin smaller, lesser) has several meanings: Minor is a legal term for a young person, see Minor (law). ... Death is either the cessation of life in a living organism or the state of the organism after that event. ...
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. This article is about courts of law. ... 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. ...
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. A fiduciary is a person who occupies a position of trust in relation to someone else such that he is required to act for the latters benefit within the scope of that relationship. ... A suretyship bond is a contractual agreement between three parties: (i) the principal, (ii) the obligee, and (iii) the surety. ...
In some jurisdictions a legal guardian is called a conservator or custodian. A person that cleans and maintains large buildings. ...
The guardianadlitem should meet with the parents, making it clear that he or she is not their attorney and information they provide will not be held in confidence.
Other actions the guardianadlitem should take are to determine and discuss parental views on custody and to gather background information on the child's education, activities, religion and other relevant factors.
The guardianadlitem should also investigate any possible problems that could harm the child, such as drug or alcohol abuse or the battering of a spouse, if the child were placed with the family.
Today the appointment of a GuardianadLitem is mandated in all juvenile dependency and divorce custody cases involving an allegation of child abuse or neglect and in all criminal cases if the child is a victim or witness to a crime.
A Guardian may also be appointed at the discretion of the judge in child delinquency cases and in any divorce case where the custody of their children is in dispute by the separating parents.
A GuardianadLitem volunteer may have to think outside the lines. Volunteers are matched with children depending on how much time they are able to give, the seriousness of the case, and the backgrounds of the volunteer and the child.