Duhaime's Law Dictionary


Guardian of the Person Definition:

A person appointed to manage the health and well-being of another.

Related Terms: Guardianship, Guardian by Nature

A guardian appointed for personal matters such as health and other matters related to health such as caregiving and accommodation.

A person appointed guardian of the person of another, such as a child, is usually given custody as well, or the ability to make all decisions in regards to custody (eg. in regards to a senior and the placement in care facilities and senior homes). However, a court sitting in a family law case, in establishing a child guardianship order, may place such terms and restrictions at it sees fit taking into account the best interests of the child including the vesting of most of the authorities of a guardian of the person to another who is declared to the sole custodial parent.

Note this statutory reference, at §25 of the Family Relations Act of British Columbia:

"A guardian is both guardian of the person of the child and guardian of the estate of the child."

Although not mandatory, a court usually appoints the same person to be guardian of the estate as to the person but they can be separated. For example, while a court may appoint a trust company to manage the estate of an individual unable to manage his affairs or his person, a court would be loath to appoint a trust company to manage the person of a person of unsound mind, and to prefer in every instance a relative.

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