GUARDIAN, in law, one having legal charge of the person or property or both of another who is incompetent to act for himself, as an insane person or an infant. The term more usually is applied to one who has legal charge of the affairs of another who is less than 21years of age. The most usual classes of guardians to-day are those appointed by the courts or by the parents, including testamentary guardians and judicial guardians. Among the latter class are guardians ad litem, who are appointed by the courts to defend a particular suit brought against an infant. Both in Eng land and the United States a father has the right to appoint a guardian in his will for his minor children, and such guardianship con tinues until the ward reaches the age of 21 years. The courts of equity have jurisdiction over such guardians, and they may be required to account at intervals to show that they are properly administering the property of their wards.
By statutes in England, particularly those of 1886, 1891 and 1908, some sweeping changes have been made in the law of guardians. The
statute of 1886, for instance, abrogated the old rule that the father had the sole right to the control of the custody and tuition of his children until they were 21 years of age, and gave the mother almost powers, among others the right to appoint a guardian to act after her death. Such guardian can act even if the father survives the mother provided it be proved that he is not fitted to be sole guardian. Other changes were made also, such as award ing custody of the children to the innocent party in a divorce suit at the discretion of the court, custody of the children in case of abandonment by one of the parents, etc.
In England, guardians not appointed by a court cannot be removed by judicial process, hut such is not usually the case in most states in this country.