Who May be a Guardian? A guardian can be a de facto or a de jure one. Legal guardians and those appointed by the court are de jure guardians. A father is the natural guardian of a child under the age of 18 years under the GWA. As opposed to a de jure guardian, a person, like the mother, brother, uncle, other relations except father and father’s father, or an institution like an orphanage, may voluntarily place himself or herself in charge of the person or property of the minor; a mother, however, is the next possible guardian after a father, unless the latter, by his will, has appointed another person as the guardian of the child. She under certain circumstances can appoint a guardian by will. She can do so during the lifetime of her husband if he is incapable of acting; or after his death. A de facto guardian, as opposed to a de jure guardian, is merely a custodian of the person and property of the minor. While appointing a guardian, the character, the capacity, and the fitness of the individual should be taken into consideration Who is a Minor/ Ward? Under the Majority Act 1875 (No IX), minority ceases upon the completion of 18 years, unless a guardian of the person, or property, or both, of the minor has been, or shall be appointed before the minor has attained the age of 18 years, or the property of the minor is under the superintendence of a court of wards, in which case the age of minority is prolonged, until the minor has completed the age of 21 years. Accordingly, notwithstanding Shariah, minority of a child continues until the completion of 18 years. Until then, the court has the power to appoint a guardian for the child and her or his property or both under the provisions of the GWA. The relevant provision in this respect is section 3 of the Majority Act 1875, Cessation of Guardianship A court, on the application of any interested person or on its own motion, may remove a guardian appointed or declared by it, or even a guardian appointed by will for the following, amongst other, reasons: For abuse of trust; For continued failure to perform the duties of his trust; For incapacity to perform the duties of his trust; For ill-treatment, or neglect to take proper care of the ward; For contumacious disregard of any of the GWA’s provisions or of any of the court orders; For conviction of an offense implying a defect of character; For having an interest adverse to the faithful performance of his duties; For ceasing to reside within the local limits of the court’s jurisdiction; For bankruptcy or insolvency in the case of a guardian of property. A guardian may also apply to the court for discharging him or her from the responsibility of being a guardian. A person also ceases to be a guardian in the case of his or her death, removal, or discharge; upon the ward ceasing to be a minor; upon the female ward’s marriage whose husband is not unfit to be a her guardian; or upon the court itself assuming superintendence of the minor.
Posted on: Tue, 09 Dec 2014 09:54:34 +0000
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