Legal Writing: Guardian

Why a guardian?.—

It may be necessary to a guardian to look after and guard the person or estate of an individual due to minority, insanity or any other cause.

Statute.—

Appointments and powers, etc. of the guardian are governed by the Acts, Rules, and Orders mentioned in the following paragraphs.

The Guardian and Wards Act, 1890.—

Under this Act, a minor is one who has not attained the age of 18 years but if a guardian is appointed under this Act, the minority will continue up to the attainment of 21 years of age. The guardian is appointed to look after the person of the minor or his property.

Hindu Minority and Guardianship Act, 1956.—

This Act adds to the provisions of the Guardian and Wards Act and, except as provided therein expressly, it is not intended to derogate those provisions.

Lunacy Act.—

When upon an inquisition it is especially found that a person is of unsound mind so as to be incapable of managing his affairs, but that he is capable of managing himself and is not dangerous to himself or to others, the Court may make such order as it thinks fit for the management of the estate of the lunatic including proper provisions for the maintenance of the lunatic and such members of his family as are dependant upon him for maintenance. It should, however, not be necessary to make any order as to the custody of the person of the lunatic. In all other cases, the District Court shall appoint a manager for the estate of a lunatic and may appoint a guardian for his person.

Court of Wards Act.—

Under this Act, the following may be the award:
(0 A minor; (ii) any other proprietor who is not capable and qualified to manage his estate; and (Hi) a proprietor in regard to whose property a declaration has been made of assumption in pursuance of the proprietor's request for such assumption.
This Act provides that the estate or a part of the estate of the above categories of persons may be placed under the superintendence of the Court of Wards.

A guardian ad litem or next friend.—

A guardian of a minor or of a person of unsound mind or feeble understanding appointed for the purposes of a case is a guardian ad litem or next friend. His powers are very much circumscribed by the provisions of Rules 6 and 7 of Order XXXII of the Civil Procedure Code.