Guardian Appointed or declared by Court | Family Law

Introduction 

       Guardian is a person who formally appointed to look after a child's interest on the death of child's parents.The guardian occupies a fiduciary position and is bound, for instance, to manage the property of the minor with the same here and prudence with which he would manage own property. Appointment can be made either by the Courts during family proceedings, if it is considered necessary for the child's welfare, or privately by any parent with parental responsibility.


Guardian Appointed by the Court 


                  If the court is satisfied that it is for the Welfare of minor that an order should be made appointing a Guardian of his person or property or both,  the court may make an order under the Guardians and Wards Act, 1890 appointing a guardian. In appointing or declaring a person as the Guardian of a minor Welfare of the minor shall be the Paramount consideration.

Who can apply for appointment as Guardian?

        i) any person who desirous of being or claiming to be the guardian of the minor, or

        ii) any relative or friend of the minor, or

        iii) the Collector of the District or other local area in which -

               a) the minor ordinarily resides,

               b) the minor holds property, or

        iv) if the minor belongs to a class, the collector who has authority with respect to that class.


Powers of Guardian appointed by the Court 

          Powers of the guardian appointed by the Court are the same as that of a Natural Guardian  or Testamentary Guardian