Matters to Be Consider while Appointing Guardian of Minor

There are different Matters that are considered while appointing the Guardians of Minor by the State. In this article, you will learn about those matters that are taken up during appointing the guardians of Minor by the state. According to the Guardians and Ward Act, 1890 a minor is a person who has not attained the age of 18. He is considered Minor as per the Law of Pakistan. Appointing Guardian of Minor, if not by the family, then it should be by the state. Let’s have a healthy discussion on the Matters to Be Consider while Appointing Guardian of Minor.

You will learn the following topics:

Who is Minor?
Definition of Guardian
Matters to Consider while Appointing Guardian
Rights and During of the Guardian
Who can Apply for Guardianship?
How Guardianship comes to an End?
Remuneration of Guardian

Who is Minor?

You should know that the right of guardianship of the minor primarily belongs to the father. You must aware that in many cases the father is absent. In that case, the right belongs to the Court.

Definition of Guardian

“Guardian” means a person who is caring for the minor and his property. The “Ward” means a minor who is being cared for. Guardian is a person who is legally appointed by the court of law to care for minors who are unable to manage their affairs such as a child or mentally disturbed child etc.

Matters to Consider while Appointing Guardian

The following are the hot matters which need to be considered for appointment of a guardian of a minor:

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Welfare of Minor

Under this act, during the appointing of a guardian, the court is under a responsibility to consider the welfare of the minor.

Wishes of Minor

Under this act, during the appointment of a guardian, the court is under and obligation to consider the wishes of minor that with whom he wants to live.

Wishes of the Deceased parents

Under this act, and during the appointment of a guardian, the court is under an obligation to consider the wishes of deceased parents and preference will be given to him who was wished by the deceased to become the guardian of their child.

Religion of Minor

The Court is under strict responsibility during appointing a guardian to consider the religion of the minor because children of Muslim father shall follow the religion of his father so that the Muslim guardian to be appointed by the State Court.

Age of Minor

Under this Act and during the appointment of a guardian, the court is under an obligation to consider the age of the minor. The Minor will be cared for by guardian until they attained the age of majority which is 18 for males and 17 for females under Islamic Law.

Sex of Minor

In the Guardians and Ward Act of 1890, the court is bound to consider the sex of the minor. If the minor is a female child then the court should appoint a female guardian only. And the same case is with the male child.

Character and Capacity of Proposed Guardian

Under the Guardian and Ward Act of 1890, the court is under an obligation to consider the character and capacity of the guardian whether he is being capable to take care of minor and his property or not and must have good character because character directly affects morality.

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Relationship of Guardian with Minor

The Court is under serious responsibility while appointing the guardian that he must consider the relationship of the guardian with the minor. IF minor is a girl, mother or other females will be the guardian and if the minor is a boy, father and other males will be the guardian.

Wishes of Minor for appointment

Under this Act, during the appointment of a guardian, the court is under obligation to consider the wish of a minor for the appointment of a guardian. If the minor can express his preference, in this case, the court will give importance to his expression but after obligator determination.

Rights and During of the Guardian

Below you will find the rights and duties of a legal guardian and he can make multiple decisions on the behalf of the child such as where to live, in which school the child will be sent as well as the decision related to the welfare of the child.

  • The welfare of the minor is the major duty of the guardian
  • Provision of food and health care to the minor
  • Provision of clothing to the minor
  • The provision of the protection to the minor and his property
  • Must give physical protection to the minor
  • Supervise of assets of the minor
  • Supervise the education and provision to support in sport activities
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Who can Apply for Guardianship?

Below you will find the person who can apply as guardianship:

  • Mothe of the Minor
  • Paternal Relatives of minor
  • Maternal relatives of minor
  • other relatives of the minor
  • a person who wished to be appointed as guardian
  • the superior authority of the local government where minor lives or where his property exists

How Guardianship comes to an End?

There are various ways to end the guardianship some of those are the following:

  • death of the child
  • with the death of the guardian
  • resignation of the guardian
  • removal of the guardian by the court
  • when guardian become unfit and unable to protect the minor
  • when the court appoints a new guardian for the minor on his own request.
  • Minor attains the age of majority such as 18 years.

these are some of the more famous ways to end a guardianship.

Remuneration of Guardian

Under the Guardian and Wards Act of 1890, the guardian is entitled to get the salary from the property of minor and the court fixes his salary as the court thinks fit for the guardian.

Conclusion

To sum up the above discussion I am of the opinion that the appointment of the guardianship is purely based on the welfare of the minor and it is universally recognized rule of law and court performs the function of appointment of the guardian by considering multiple factors such as by considering the age of minor, sex of minor, religion of minor, character, and capacity of minor, etc.

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Ujala
Ujala
6 months ago

Awesome work. Thank you legalversity

Safdar Ali
Safdar Ali
7 months ago

Legalversity you are doing a great job.

Usman Latif Bhutta
Usman Latif Bhutta
7 months ago

goood work. keep it up