Appointment By The Court

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Is a relative who has been appointed legal guardian for an adult responsible for damage he has caused to the latter’s property ?

Guardianship and Adoption •Appointment By The Court

Yes, under the Legal Capacity and Guardianship Law of 1962 a guardian is responsible for the damage he causes to property belonging to the person he has been appointed to represent. However, the court has discretion to exempt him, wholly or partially, for this, provided that he acted in good faith,with the person’s good at heart.

What happens when the need arises for someone lacking legal capacity to initiate legal action to protect their interests ?

Guardianship and Adoption •Appointment By The Court

Under the Civil Procedure Rules a person lacking legal capacity is able to bring a legal action as a plaintiff through his/her legal guardian or a close friend. He is able to defend himself/herself via a legal guardian. Thus, when the need arises for someone lacking legal capacity, to initiate or defend legal action to protect their interests, a preliminary step would be to apply for the appointment of a legal guardian for the person.

Is a relative who has been appointed legal guardian for an adult who cannot manage their own affairs entitled to payment for his duties ?

Guardianship and Adoption •Appointment By The Court

The Legal Capacity and Guardianship Law of 1962 states that the court may set aside a fee for the guardian’s duties to be taken out of the latter’s money, if it feels it is necessary in the circumstances. If the guardian has incurred expenses on behalf of the relative, then he is entitled to recover these from the latter’s property, provided they are reasonable.

My adult children are trying to get themselves appointed as guardians for me, arguing that I am not capable of looking after my affairs, following a nervous breakdown I had after I lost my husband from cancer, and then lost my job. I feel I have gotten a hold of myself now, but they have already taken initiated legal proceedings. Can I do anything to stop the appointment ?

Guardianship and Adoption •Appointment By The Court

Yes ! A person over whom relatives have applied to be appointed guardian has a legal right to oppose the application at the family court. He should be invited to attend a hearing in court and is free to put his side of the case, whether by himself or through a representative. In addition the representative of the General Guardian is a party in the proceedings, and is requested to react. After gathering all the necessary evidence ,the family court will make a decision .

How can an adult fight a temporary guardianship order over him , based on the recommendations made by a professional treating him/her for emotional/emotional illness ?

Guardianship and Adoption •Appointment By The Court

An adult can ask for the cancellation of the guardianship order, and ask for or agree to the appointment of a court-appointed professional who will give a second opinion on the question on whether a guardian is necessary.

Can guardianship be transferred from one person to another?

Guardianship and Adoption •Appointment By The Court

Yes , effectively, but only by way of a court order ending the appointment of one guardian and appointing another in his/her place .

Can a guardian be dismissed for not fulfilling their duties ?

Guardianship and Adoption •Appointment By The Court

Yes. The Legal Capacity & Guardianship Law of 1962 states that the court is entitled to dismiss a guardian who is not fulfilling their duties properly. It also gives it discretion to dismiss the guardian for another reason.

Who decides or appoints a guardian ?

Guardianship and Adoption •Appointment By The Court

Only a court – according to The Legal Capacity & Guardianship Law of 1962.

Families cannot decide on legal guardianship themselves, though a potential candidate must be willing to take on the role, even though the appointment is made by the court.

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