Guardianship


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Guardianship

 

in the USSR, a legal means exercised by state agencies to protect the personal and property rights and interests of citizens.

Among the purposes of guardianship are the raising of minors under 15 years of age and the protection of their personal and property rights and interests. Guardianship is instituted in the event of death or illness of the parents, in case of deprivation of parental rights, or in all other cases where children have been left without care by parents evading their responsibilities or for any other reason. Guardians are obliged to ensure the physical well-being, education, and preparation for socially useful activity of their wards and to defend their rights and interests. Guardians are not appointed for children who are being raised by children’s institutions; guardianship is assigned in such cases to the administration of these institutions.

Another purpose of guardianship is protection of the personal and property rights and interests of adults who have been recognized by a court as incapable, as in cases of mental illness or feeblemindedness. The guardian of an incapable person is obliged to ensure the care and treatment of the ward. Guardianship is established by a special decision of the executive committee of the local soviet at the place of residence of either the guardian or the person in need of guardianship. Such functions as examining the living conditions of the person in need of guardianship, searching for a guardian, or assigning children to a children’s home or boarding school are performed by departments of public education for minors and by departments of public health for incapable persons. The immediate duties of guardianship are carried out by the guardian appointed by these agencies. Guardians are the legal representatives of their wards and undertake legal actions on their behalf and in their name.

Only a citizen who has reached the age of 18 and has voluntarily assumed the responsibilities of guardianship may be a guardian. These responsibilities cannot be assigned to persons who have been deprived of parental rights or to those recognized by a court to be either incapable or of limited capability. A guardian may be relieved of his duties in certain legally recognized instances, as when children return to their parents or are adopted, or when incapable adults are placed in state institutions. A guardian may also be relieved at his own request if there are valid reasons. A guardian may be removed if the duties of guardianship have been performed improperly. If the guardianship has been used for personal gain and if the ward has been left unsupervised and without essential care, the guardian may be criminally liable. When a ward reaches 15 years of age, the guardianship ceases, and in the absence of a special decision, the guardian becomes a curator. Where an adult ward regains health, guardianship ceases upon a court decision.

Protection of the property of those recognized through established legal procedure as missing persons, as affirmed in a court decision, is another aim of guardianship. A guardian is also appointed for property, such as a residence, that requires management prior to its transfer to heirs. In cases where there are no notarial offices the guardian is appointed by the executive committee of the local soviet.


Guardianship

 

in the USSR, a form of legal protection of the personal and property rights and interests of citizens.

Guardianship has two purposes. The first is the bringing up of minors between the ages of 15 and 18. A guardian is named in cases where the adolescent does not have parents, in cases where the parents have been deprived of their parental rights, and in all other cases where the adolescent is left for any reason without parental care. The guardian must live with the ward and look after the ward’s physical health, education, and preparation for socially useful activity. The guardian must also defend the ward’s rights and interests. In certain cases, wardship and guardianship agencies may authorize separate residences for guardian and ward if this will not interfere with the ward’s education or with the protection of the ward’s rights and interests.

The second purpose of guardianship is the protection of the rights and interests of a legally capable adult who cannot do so independently for reasons of health. Guardians see that the ward enjoys adequate living conditions, care, and treatment. They assist the ward in the exercise of rights and the performance of duties, and they protect the ward against ill-treatment by third parties.

Guardianship is established in the same manner as wardship. A special system of guardianship is provided for persons whose legal capability is restricted by a court owing to the person’s abuse of alcohol or narcotics. The ward may receive and dispose of wages, a pension, and other payments only with the consent of the guardian, whose permission is also required before the ward may dispose of any other property. Guardianship may be revoked by wardship and guardianship agencies after a court decision to restrict legal capability has been canceled.

Guardianship

See also Protectiveness.
Argus
hundred-eyed giant guarding Io. [Gk. Myth.: Leach, 72]
Argus Panoptes
all-seeing herdsman with one hundred eyes. [Gk. Myth.: Walsh Classical, 29]
battle ax
symbol of wardship. [Western Folklore: Jobes, 163]
beefeater
popular name for a Yeoman of the Guard or Yeoman Warder of the Tower of London. [Br. Hist.: Payton, 88]
Bodhisattva
enlightened one deferring Nirvana to help others. [Buddhism: Parrinder, 48]
Cardea
protects children from witches. [Rom. Myth.: Leach, 191]
Cerberus
three-headed dog, guards gate to Hades. [Gk. Myth.: Zimmerman, 55]
cherubim
defended tree of life with flaming swords. [O.T.: Genesis 3:24]
cock
watchful church-tower sitter. [Christian Symbolism: Appleton, 21]
Cybele
protector of cities and mother-goddess. [Phrygian Myth.: Avery, 345]
Delphyne
half-woman, half-beast; guarded Zeus while imprisoned by Typhon. [Gk. Myth.: Howe, 78]
Egil
giant who watched over Thor’s goats. [Norse Myth.: LLEI, I: 327]
Erytheis
stood vigil over golden apples of Hesperides. [Gk. Myth.: LLEI, I: 327]
eunuch
castrated guardian of Eastern harems. [Arab. Culture: Jobes, I, 530–531]
Fafnir
dragon guarding the Nibelung’s gold. [Ger. Opera: Wagner, Siegfried, Westerman, 240–241]
fairy godmother
mythical being who guards children from danger and rewards them for good deeds. [Folklore: Misc.]
Faithful Eckhardt
old man; warns people of death procession on Maundy Thursday. [Ger. Folklore: LLEI, I: 281]
Ferohers
tutelary angels. [Persian Myth.: LLEI, I: 328]
fiery swords
brandished by cherubim safeguarding tree of life. [O.T.: Genesis 3:24]
Fisher King
guardian of the Grail. [Ger. Legend, Parzival; Arthurian Legend: Walsh Classical, 227]
Fylgie
guardian spirit assigned to each human for life. [Norse Myth.: LLEI, I: 328]
Garm
ferocious watchdog at gate of Hell. [Norse Myth.: LLEI, I: 328]
guardian angel
term for Christian namesake who watches over a young child. [Christianity: Misc.]
Heimdall
guardian of Bifrost; distinguished for acute vision and hearing. [Norse Myth.: Leach, 488]
Ladon
hundred-headed dragon; guarded apples of the Hesperides. [Rom. Myth.: Zimmerman, 145]
lion
sleeps with eyes open. [Christian Symbolism: Appleton, 59]
Mahub Ali
horse-dealer in charge of Kim. [Br. Lit.: Kim]
Nana
gentle old dog; guards the Darling children. [Br. Lit.: Peter Pan]
Palace Guard, the
sobriquet for the zealous spokesmen-defenders of the Nixon Administration. [Am. Hist.: The Palace Guard]
palladium
a “safeguard”; Troy believed safe while statue of Pallas Athene remained. [Gk. Lit.: Iliad; Espy, 40]
raven
guardian of the dead. [Christian Folklore: Mercatante, 159]
Swiss Guards
papal praetorian guard instituted by Julius II. [Ital. Hist.: Plumb, 218, 254]
wyvern
protector of treasure and wealth. [Heraldry: Halberts, 40]
References in periodicals archive ?
23) As one New York State Surrogate's Court judge wrote while examining an Article 17-A guardianship petition: "[J]udicial scrutiny of the exercise of the parens patriae power has been imprecise and in guardianship and conservatorship proceedings, it has historically been exercised with little or no concern for due process protection[;] .
25) The Commission, recognizing the unchecked parens patriae power of states, reported that improving the guardianship system was a high priority.
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635 also significantly expands the scope of the clerk's authority to obtain discovery in guardianship cases.
5 amends or adds at least 19 statutes impacting guardianships, including providing additional protections for wards in guardianship proceedings and additional checks on the powers of guardians.
REACH for Transition: Supported decision-making & alternatives to Guardianship www.
Engineers have been involved in confrontations, whether through demonstrations or through judicial disputes, to put this verdict into action until 2016 when the Administrative Court issued a verdict to end guardianship.
This dramatic evolution in guardianship has been accompanied by growing debate on how it should be expressed.