The Rights and Duties of the Guardian and how Guardianship is Terminated.

The guardian’s rights, duties, and power are generally regulated by the letter of tutorship, which can be

contained in a will, but generally the guardian:

Must act in good faith and with the necessary

care in the minor’s best interest;

Must give security for the fulfillment of his/her obligations;

Must draw up and lodge with the Master of the

Court an inventory of all property of the minor that will fall under his

control;

Must at all times avoid a conflict of interest

with the minor;

Must assist and/or represent the minor in

juristic acts (litigation, contracts, etc);

Must only use the minor’s estate to provide for

the minor’s maintenance and education.

Must submit an annual report to the Master of

the Court;

Is entitled to prescribed remuneration;

Must give an account of his/her guardianship when

same is terminated.

Guardianship terminates in the

following circumstances:

If the minor dies;

The minor becomes a major;

The guardian dies;

The period for which the guardian was

appointed expires;

All tasks for which the guardian was appointed

have been completed and has been discharged from office;

The guardian resigns or is disqualified from

being a guardian;

The guardian is removed from office by the

Master of the Court or High Court.

In our next article, we shall discuss

curatorship, which shall conclude this

series.

Related Practice Areas: Maintenance & Spousal Support | Asset Division

If you have questions about your specific situation, contact Nick Elliot for a confidential consultation.