The evolution of the animal world has shown that vertebrates are those members of the animal kingdom, which not only give birth to the little ones but also take care of them until they are good on their own.
Human beings are no different. The duty of parents does not end at the birth of a baby but continues till the individual comes of age and can take care of them. These duties till adulthood often come off with a legal binding and the parents are legally responsible for their children as well.
To understand the term legal guardians, it is necessary to know the correct meaning of guardian. A guardian is someone responsible for another individual and also takes care of and protects him or her from imminent harm.
In general, this particular individual is often seen as the parents of children. However, when this particular responsibility is undertaken by another individual in light of any legal technicalities, then they are known as legal guardians.
Another term that comes in pairs with a legal guardian is the ward. Ward is a certain individual who is legally placed under the care and responsibility of a legal guardian. Usually, the ward is a minor under 18 years of age.
A legal guardian can be appointed under the below circumstances:
- A minor’s guardianship when either both the parents either die or abandon due to some unfortunate circumstances
- A senior’s guardianship because of their infirmity or old age
- A mentally underdeveloped adult’s guardianship those are incapable of making decisions about their life
By default, a child’s legal guardians are the parents. However, in other cases, usually, a legal body appoints a legal guardian. There are some instances where a legal guardian is mentioned in a will that has been prepared in light of such incidences.
Executing a will
When you think about guardians, two things come to the top of your mind:
- A legal order was given by a judge of the court
- A certain individual being anointed in a will
The most important part of appointing any legal guardian is that the person who is entrusted with the responsibility should agree in a written document. In case of executing a will of an expired individual, before drafting the will that particular individual should be notified of the responsibilities and should agree to it.
The guardian can always refuse the request if he or she feels so.
The other factors that come into play apart from the guardian’s willingness to take up the responsibility are that:
- Guardian’s capability to carry on the responsibility
- Considering the option of a co-guardian in case the one feels that the responsibility might weigh them down
- The location of the legal guardian must be close to that of the wards
- Financial stability of the legal guardian so that they do not prey upon the wards for monetary reasons
- ● The ethics and values of the legal guardian should match so that they are passed down to the ward in a correct and disciplined way
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