Under U.S. law, conservatorship is the appointment of a guardian or a protector by a judge to manage the financial affairs and/or daily life of another person due to old age or physical or mental limitations. A person under conservatorship is a "conservatee", a term that can refer to an adult. A person under guardianship is a "ward", a term that can also refer to a minor child. Conservatorship may also apply to corporations and organizations.
A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter. The person authorizing the other to act is the principal, grantor, or donor. The one authorized to act is the agent, attorney, or in some common law jurisdictions, the attorney-in-fact.
Capacity or more fully mental capacity covers day-to-day decisions, including: what to wear and what to buy, as well as, life-changing decisions, such as: whether to move into a care home or whether to have major surgery.
Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the state of residence of the deceased at time of death in the absence of a legal will.
The Regency Acts are Acts of the Parliament of the United Kingdom passed at various times, to provide a regent in the event of the reigning monarch being incapacitated or a minor. Prior to 1937, Regency Acts were passed only when necessary to deal with a specific situation. In 1937, the Regency Act 1937 made general provision for a regent, and established the office of Counsellor of State, several of whom would act on the monarch's behalf when the monarch was temporarily absent from the realm. This Act forms the main law relating to regency in the United Kingdom today.
A legal guardian is a person who has been appointed by a court or otherwise has the legal authority to care for the personal and property interests of another person, called a ward. Guardians are typically used in four situations: guardianship for an incapacitated senior, guardianship for a minor, and guardianship for developmentally disabled adults and for adults found to be incompetent. A parent of a child is normally not considered a guardian, though the responsibilities may be similar. A family member is most commonly appointed guardian, though a professional guardian or public trustee may be appointed if a suitable family member is not available.
Ad litem is a term used in law to refer to the appointment by a court of one party to act in a lawsuit on behalf of another party such as a child or an incapacitated adult, who is deemed incapable of representing him or herself. An individual who acts in this capacity is generally called a guardian ad litem in such legal proceedings; in Scotland, curator ad litem is the equivalent term. In England and Wales, since the amendment of the Children Act 1989 established the role of children's guardian, the term is now used only in the term "guardian ad litem" in Private Law proceedings under rule 9.5. The United States legal system, which at its inception was based on the English legal system, continues to use the terms "guardian ad litem" and "attorney ad litem". The legal system in the Republic of Ireland also uses the term guardian ad litem.
An express trust is a trust created "in express terms, and usually in writing, as distinguished from one inferred by the law from the conduct or dealings of the parties." Property is transferred by a person to a transferee, who holds the property for the benefit of one or more persons, called beneficiaries. The trustee may distribute the property, or the income from that property, to the beneficiaries. Express trusts are frequently used in common law jurisdictions as methods of wealth preservation or enhancement.
In common law, a next friend is a person who represents another person who is under disability or otherwise unable to maintain a suit on his or her own behalf and who does not have a legal guardian. They are also known as litigation friends. When a relative who is next of kin acts as a next friend for a person, that person is sometimes instead described as the natural guardian of the person. A next friend has full power over the proceedings in the action as if he or she were an ordinary plaintiff, until a guardian or guardian ad litem is appointed in the case; but the next friend is entitled to present evidence only on the same basis as any other witness.
A curator ad litem is a legal representative in Scots law and Roman-Dutch law appointed by a court to represent, during legal proceedings, the best interests of a person who lacks the mental capacity to make decisions for themselves. A curator may be appointed for a child or for a person who is mentally or physically incapacitated. The corresponding office in English common law is that of guardian ad litem.
The Office of the Public Guardian (OPG) in Scotland is a public body based in Falkirk as part of the Scottish Courts and Tribunals Service, established in April 2001 following the passing of the Adults with Incapacity (Scotland) Act 2000.
The Office of the Accountant of Court is a public body which is a constituent part of the Supreme Courts of Scotland. The Accountant of Court is administered by the Scottish Courts and Tribunals Service.
The Substitute Decisions Act is an act of the Legislative Assembly of Ontario in Ontario, Canada. It establishes the legal criteria determining when a person has the ability to make decisions that are fundamental to his/her well-being. The ability to make these types of decisions is termed capacity and the decisions are termed consent. Capacity establishes the legal right to consent to or refuse medical treatment, choose housing arrangements and manage one's money. However, there are different tests for capacity that vary according to the type of decisions that must be made. In some instances, capacity will exist for people who do not have full capacity in the common sense understanding of the concept.
The Age of Legal Capacity (Scotland) Act 1991 (c.50) is an Act of the Parliament of the United Kingdom applicable only in Scotland which replaced the pre-existing rule of pupillage and minority with a simpler rule that a person has full legal capacity, with some limitations, at the age of 16.
The Hindu Minority and Guardianship Act was established in 1956 as part of the Hindu Code Bills. Three other important acts were also created during this time and they include the Hindu Marriage Act (1955), the Hindu Succession Act (1956), and the Hindu Adoptions and Maintenance Act (1956). All of these acts were put forth under the leadership of Jawaharlal Nehru, and were meant to modernize the then current Hindu legal tradition. The Hindu Minority and Guardianship Act of 1956 was meant to enhance the Guardians and Wards Act of 1890, not serve as its replacement. This act specifically serves to define guardianship relationships between adults and minors, as well as between people of all ages and their respective property.
An enduring power of attorney (EPA) under English law is a legal authorisation to act on someone else's behalf in legal and financial matters which can continue in force after the person granting it loses mental capacity, and so can be used to manage the affairs of people who have lost the ability to deal with their own affairs, without the need to apply to the Court of Protection.
The Adults with Incapacity (Scotland) Act 2000 is an Act of the Scottish Parliament. It was passed on 29 March 2000, receiving royal assent on 9 May. It concerns the welfare of adults who are unable to make decisions for themselves because they have a mental disorder or are not able to communicate. It provides the framework for other people to act on the behalf of people with incapacity.
In Bulgaria, the law of obligations is set out by the Obligations and Contracts Act (OCA). According to article 20a, OCA contracts shall have the force of law for the parties that conclude them.
Legal capacity is the ability of an individual to transact with others. It should be distinguished from consent, where the individual with capacity, agrees for another to commit an act involving the consenter, such as consent to sexual relations under the Sexual Offences (Scotland) Act 2009.
