Guardian, in law, is a person appointed by a court to care for another person called a ward, or for another person’s property, or both. A guardian may be appointed for minors (people under legal age), spendthrifts, insane people, or people unable to take care of themselves. The courts also have the power to remove guardians.
A guardian usually has control of the person, as well as management of the property of a ward. The guardian must maintain and educate the ward from the income of the ward’s estate. The guardian cannot reap any benefits from the estate. The guardian must have a court order before buying or selling real estate for the ward’s account. The guardian must file an inventory and render all financial accounts before the court.
Parents generally act as guardians of their own minor children. In English common law, the father was the sole guardian. But this rule has been changed in virtually all parts of the United States and the Commonwealth of Nations. Because parents become guardians without appointment by a court, they are called guardians by nature to distinguish them from guardians by law. In most states, a child without parents is allowed to choose his or her own guardian at the age of 14, but the court may reject the child’s choice. A guardian ad litem is a guardian appointed by a court for the purpose of a single lawsuit.
