Also known as: legal guardians · guardian
Written by attorneys — see sources below.
A person appointed by a court to make decisions regarding the support, care, education, health, and welfare of a minor or adult individual who lacks capacity to manage those matters. The appointment occurs when a court determines the individual cannot adequately act in their own interest. A guardian may execute deeds, consent to medical procedures, or authorize other legal actions on behalf of the ward.
Leo Lynch, an elderly client, shows signs of severe memory loss during estate planning meetings with his lawyer. The lawyer believes Leo faces financial exploitation and cannot protect his own interests. The lawyer consults family members and petitions the court to appoint a guardian for Leo.
Lucy Liu owns real estate but a court has appointed a guardian after finding her incapacitated. The guardian reviews title documents and signs the deed to convey the property to a buyer. The deed is recorded without challenge because the guardian holds proper authority.
Layla Lane is sixteen and seeks a marriage license. Both parents are deceased, so her court-appointed guardian provides written consent. The clerk issues the license after verifying the guardian's approval meets statutory requirements.
Lucia Lopez, a nonresident, serves as guardian for a parent in a parentage action. The court exercises personal jurisdiction over Lucia because the underlying support claim satisfies the long-arm statute conditions. The adjudication proceeds with Lucia as the proper party representative.
Lance Lee contributes to a judicial campaign hoping to secure appointment as guardian in pending cases. The contribution is made to influence the judge's selection process. The conduct raises questions about whether the appointment was based on merit rather than political support.
Lily Lopez is a minor seeking an abortion. Her parents refuse consent, so the court appoints a guardian who reviews the circumstances and grants approval. The guardian's consent satisfies the statutory requirement allowing the procedure to proceed.
The Pennsylvania Abortion Control Act of 1982, as amended in 1988 and 1989, established several requirements governing the performance of abortions within the Commonwealth. The Act required a woman seeking an abortion to provide informed consent after receiving specific information from a physician or counselor at least twenty-four hours before the procedure. It mandated that a minor obtain the informed consent of one parent, subject to a judicial bypass option. It further required a married woman to sign a statement confirming that she had notified her husband of her planned abortion, unless certain exceptions applied. The Act also imposed reporting obligations on facilities providing abortion services and defined a medical emergency exception to the various requirements. Before any of these provisions took effect, the petitioners brought suit in the United States District Court for the Eastern District of Pennsylvania. The petitioners were five abortion clinics and one physician representing himself as well as a class of physicians who provide abortion services. They sought declaratory and injunctive relief and challenged each provision as unconstitutional on its face. The District Court entered a preliminary injunction. After conducting a three-day bench trial, the District Court held all the provisions unconstitutional and entered a permanent injunction against their enforcement by Pennsylvania. The Court of Appeals for the Third Circuit affirmed in part and reversed in part. It adopted the District Court's factual findings and legal analysis except with respect to the spousal notification requirement. The Court of Appeals upheld the spousal notification requirement as constitutional and applied the undue burden standard in evaluating the provisions. The Supreme Court granted certiorari to consider the constitutionality of the challenged provisions of the Pennsylvania statute.
View caseA lawyer may seek appointment when the client has diminished capacity, faces risk of substantial harm, and cannot adequately protect personal interests. The lawyer may consult family or other entities and request a guardian in appropriate cases.
A court-appointed guardian or conservator may execute deeds when authorized to convey the property. Execution by an unauthorized person may render the deed void or voidable.
A person under eighteen generally needs consent of both parents or a guardian, and sometimes judicial approval, before a marriage license issues.
A court may exercise personal jurisdiction over a nonresident guardian when the conditions of the state's long-arm statute are satisfied.
…the pregnant woman's parents are divorced, consent of the parent having custody shall be sufficient. If neither any parent nor a legal guardian is available to the physician within a reasonable time and in a reasonable manner, consent of any adult person standing in loco parentis shall be sufficient. "(c) Petition to the court for…