Guardianship is when one person has legal authority over another, often for children or those who are mentally incapacitated. Guardians can be court-appointed or obtained through a relationship. Parents usually have general guardianship rights, but there are also more limited provisions for managing assets or medical decisions. In custody cases, a court-appointed guardian ad litum can speak up for the child’s interests.
Guardianship refers to the condition in which one person has legal authority over another. It is most commonly thought of in terms of children, but anyone mentally incapacitated or otherwise unable to act on their own behalf can have a guardian. Guardians can be court-appointed or a person, such as a parent, can automatically obtain guardianship through their relationship with the person who needs it.
There are different types of protection. Most parents have general guardianship rights over their children. This means they have physical, financial and legal custody of their children. They are able to control all of the assets their child has, have the child in their presence and control where the child lives and goes, and can make legal, medical and other decisions on behalf of the child.
There are also more limited protective provisions. For example, a star child may earn a lot of money and may want someone other than her parents to take care of her management. As such, a guardian or trustee may be appointed to have control over her money, but her parents may still have overall guardianship over the child and her physical presence.
The court may also appoint a guardian for a limited purpose if it considers that a parent is not acting in the best interests of the child. For example, some parents may have objections to various medical procedures. If such a procedure would save a child’s life and the parents are unwilling to consent, the hospital or an affected relative may seek medical guardianship rights on the child. The court will examine the situation to determine whether the parent was truly acting in the child’s best interests or if the child was in danger; if he felt the child was in danger, he could appoint someone else as a medical guardian.
In custody cases, a guardian may be appointed by a court to protect the child’s interests. This court-appointed individual, usually referred to as guardian ad litum, would speak up for the child – who was not yet legally able to speak for himself – in court and ensure he had a say. The guardian ad litum, in this case, would normally be an independent third party, such as a social worker.
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