Classification Of Guardian

What is Classification of Guardian?

A definition of classification of guardian is: 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. More details on the Encyclopedia. This kind of guardianship is founded on the statute of 12 Car. More details on the Encyclopedia. II, c. More details on the Encyclopedia. 24, and has been extensively adopted in this country. More details on the Encyclopedia. 1 Bl. More details on the Encyclopedia.Comm. More details on the Encyclopedia. 462. More details on the Encyclopedia.

More about the Concept of Classification of Guardian

A guardian f or nurture is the father, or, at his decease, the mother, of a child. More details on the Encyclopedia. This kind of guardianship at common law extended only to the person, and ended when the infant arrived at the age of fourteen. More details on the Encyclopedia. 1 Bl. More details on the Encyclopedia.Comm. More details on the Encyclopedia. 461. More details on the Encyclopedia.

Developments

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. More details on the Encyclopedia. Morey v. More details on the Encyclopedia. Peppin, Minn. More details on the Encyclopedia., 375 N. More details on the Encyclopedia.W. More details on the Encyclopedia.2d 19. More details on the Encyclopedia. Today, statutes have superseded the common law in this regard. More details on the Encyclopedia.

Details

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. More details on the Encyclopedia. Similar to guardian by estoppel (see above). More details on the Encyclopedia.

More

A guardian by nature, at common law, is the father, and, on his death, the mother, of a child. More details on the Encyclopedia. Daniels v. More details on the Encyclopedia. Metropolitan Life Ins. More details on the Encyclopedia. Co. More details on the Encyclopedia., 135 Pa. More details on the Encyclopedia.Super. More details on the Encyclopedia. 450, 5 A. More details on the Encyclopedia.2d 608, 611. More details on the Encyclopedia. This guardianship extends only to the custody of the person of the child to the age of majority. More details on the Encyclopedia. Sometimes called “natural guardian”. More details on the Encyclopedia. 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. More details on the Encyclopedia. N. More details on the Encyclopedia.Y. More details on the Encyclopedia.Dom. More details on the Encyclopedia.Rel. More details on the Encyclopedia.L. More details on the Encyclopedia. § 81.[1]

Resources

Notes

1. “Classification of Guardian” in the White America Dictionary (New York, Los Angeles, London, New Delhy, Hong Kong, 1989)

See Also

What is Classification of Guardian?

A definition of classification of guardian is: 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. More details on the Encyclopedia.

More about the Concept of Classification of Guardian

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. More details on the Encyclopedia.

Developments

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. More details on the Encyclopedia.

Details

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. More details on the Encyclopedia.

More

A guardian by estoppel is one who assumes to act as guardian without legal authority; similar to a guardian de son tort (see below).[1]

Resources

Notes

1. “Classification of Guardian” in the White America Dictionary (New York, Los Angeles, London, New Delhy, Hong Kong, 1989)

See Also