Guardianship means a person appointed by the court to take care of an incapacitated, incompetent, or quasi-competent person and assigns a duty to protect such persons’ rights and interests. Guardianship in another word is the legal authority and responsibility granted to an individual to make decisions on behalf of someone who is unable to make decisions for themselves as being minor, unable, incapacity or disability.

According to National Civil Code, 2074 – Guardian means a person or institution appointed or having an obligation to protect the rights and interests of the child in accordance with this Act or the prevailing laws, and this term also includes a curator in the absence of the guardian.

• Muluki Civil Code, 2074, Sec 77
• Muluki Civil Procedure Rules, 2075
• Act relating to Children, 2074

• District Courts of Nepal

A person in the specified priority order becomes the guardian of an incapacitated or partially capable person automatically;

1. Husband or wife living in a same family
2. Father or mother
3. Son, daughter, or widow daughter-in-law living in a joint family
4. Separated husband or wife
5. Separated son, daughter or widow daughter-in-law
6. Grandfather or grandmother
7. Grandson or grand daughter
8. Elder or younger brother or elder or younger sister
9. Grandfather, grandmother on the mother’s parent side, maternal uncle, maternal aunti

As guardianship is granted legally by the court, but in emergency situation, temporary guardianship can be granted to the person in making urgent decision upon the unavailability of the guardian. Likewise in some legal matters, a professional guardian can also be appointed. Apart from this situation, there are certain conditions where an individual becomes the legal guardian;
 

The following person cannot become guardian;

Documents required for filing application for the appointment of guardian of an incompetent or semi-competent person are mentioned below;

The legal procedure in establishing guardianship involves a court procedure where the court assess the individual’s capacity to make decisions. After the court examines the capability of the to be guardian to ensure that the guardians can act in the best interest of the individual, they are responsible for, then, the court grants permission for the appointment of the guardian.

                                                                    Process of Guardianship in Nepal

 The person who wishes to terminate the guardianship can file a petition in the district court for termination or as to say modification of the guardianship. The court then, reviews the petition and considering the present situation, as to what would be the best interest of the individual grants permission for termination or objects in doing so.

1. If the court accepts the petition filed by the guardian stating to step down from guardianship.
2. If the guardian or the person under guardianship dies.
3. If the person under guardianship becomes competent.
4. If the court removes the guardian as per the request of the person under guardianship.

Note: Upon the death of the guardian, the rights, and duties of the guardian cannot be transferred to a successor.

• If a child, who is living in an organization, such as a child welfare house, orphanage, child home or children’s organization, registered pursuant to law with the object to have welfare of and protect rights and interests of children, has no other guardian, such an organization shall be considered to be his or her guardian.

• If a child, who is living in an organization, such as a child welfare house, orphanage, child home or children’s organization, registered pursuant to law with the object to have welfare of and protect rights and interests of children, has no other guardian, such an organization shall be considered to be his or her guardian.

Curt can appoint a particular person as the guardian, specifying the reasons in following circumstances;

(a) If the concerned ward committee of the concerned local level files a petition in the court for the appointment of guardian in cases where any person declines to be a guardian as per the priority list.

(b) If the stakeholder files a petition in the court for the appointment of guardian

 There are certain rights which a person under guardianship is legally bound to acquire and the guardian shall also consider each of the legal rights and shall act accordingly. Some considerable rights which dignifies as legal status of the individual are listed below;

                                                                       Responsibility on guardian

Please contact us today itself if you are in search of lawyers for guardianship process in Nepal on +9779841933745 or email [email protected]

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