Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Guardian
n. 1. One who has the legal authority and duty to care for another's person or property, esp. because of the other's infancy, incapacity, or disability. ( A guardian may be appointed either for all purposes or for specific purposes. - Abbr. gdn. - Also termed custodian. - guardianship, n.
chancery guardian
A guardian appointed by a court of chancery to manage both the person and the estate of the ward.
domestic guardian
See GUARDI
domestic guardian.
A guardian appointed in the state in which the ward is domiciled.
foreign guardian
See GUARDIAN.
foreign guardian.
A guardian appointed by a court in a state other than the one in which the ward is domiciled. ( A foreign guardian cares for the ward's property that is located in the state of appointment.
general guardian
See GUARDIAN.
general guardian.
A guardian who has general care and control of the ward's person and estate.
guardian ad litem
A guardian, usu. a lawyer, appointed by the court to appear in a lawsuit on behalf of an incompetent or minor party. - Also termed special guardian. Cf. NEXT FRIEND.
guardian by election.
A guardian chosen by a child when he or she would otherwise be without one. guardian by estoppel. See quasi guardian.
guardian by nature.
Hist. The parental guardian of an heir apparent who has not yet reached the age of 21. ( Although the common law made the father the guardian by nature and the mother only after the father's death, most states have given both parents equal rights of guardianship over their children (see, e.g., N.Y. Dom. Rel. Law ยง 81). -Also termed natural guardian.
guardian by nurture.
Hist. The parental guardian of a child who is not the heir apparent, lasting until the child reaches the age of 14. - Also termed guardian for nurture
guardian by statute.
See statutory guardian. guardian de son tort. See quasi guardian.
guardian in chivalry.
Hist. A guardian who, by virtue of knight's service, had custody of the body and lands of a male heir under 21 or a female heir under 14. 0 This type of guardian had no accountability for profits.
guardian in socage.
Hist. A guardian for a child under 14 who has acquired lands by descent. ( Such a guardian is usu. a relative who could not possibly inherit from the child. This type of guardianship applied to both the person and the property of the child and lasted only until the child was 14, when the child was allowed to select a guardian. See sOCAGE.
guardian of the poor.
Hist. A person in charge of the relief and maintenance of the poor in a parish. ( Guardians of the poor administered poor-relief funds raised under the Poor Relief Act of 1601. ( The function is now performed by local authorities.
guardian of the spiritualities.
Eccles. law. A person who exercises the spiritual and ecclesiastical jurisdiction of a diocese during a vacancy in the see or the absence of the bishop.
guardian of the temporalities
Eccles. law. The person to whom custody of the secular possessions of a vacant see or abbey is committed by the Crown. ( Temporalities (secular possessions) are the land, revenue, and tenements that archbishops and bishops have had annexed to their sees.
letters of guardianship
A document issued by a court appointing a guardian to care for a minor's or an incapacitated adult's well-being, property, and affairs. ( It defines the scope of the guardian's rights and duties, including the extent of control over the ward's education and medical issues. See GUARDIAN.
natural guardian
See GUARDIAN.
natural guardian.
1. Hist. The eldest son's father, until the son turned 21. 2. In the absence of statute, the father of a legitimate child until the child reaches the age of 21. ( A father of illegitimate children may be appointed as their guardian upon the mother's death. 3. Most commonly and by statute, either the father or the mother of a minor child - each bearing the title simultaneously. ( If one parent dies, the other is the natural guardian.
partial guardian
See GUARDIAN.
partial guardian.
A guardian whose rights, duties, and powers are strictly limited to those specified in a court order.
quasi-guardian quasi-guardian
See GUARDIAN.
quasi-guardian.
A guardian who assumes that role without any authority. 0 Such a person may be made to account as guardian. - Also termed guardian by estoppel; guardian de son tort.
special guardian
See GUARDIAN.
special guardian.
A guardian who has special or limited powers over the ward's person or estate. ( Examples are guardians who have custody of the estate but not of the person, those who have custody of the person but not of the estate, and guardians ad litem.
statutory guardian.
A guardian appointed by a court having special statutory jurisdiction. - Also termed guardian by statute.
testamentary guardian
See guardian
testamentary guardian.
A guardian appointed by a parent's will for the person and property of a child until the latter reaches the age of majority.2. Hist. A mesne lord who was entitled to treat an infant heir's lands for all practical purposes as the lord's own, enjoying fully their use and whatever profits they yielded. ( At the end of the guardianship, when the heir reached majority, no accounting was owed by the mesne lord.