As per Lawkidunya, The Guardianship laws in Pakistan are primarily governed by the Guardians and Wards Act, 1890. Here are some key aspects of the law:
Types of Guardians
1. Natural Guardian: A natural guardian is a parent or a person entitled to the custody of a minor.
2. Testamentary Guardian: A testamentary guardian is appointed by a parent through a will.
3. Appointed Guardian: An appointed guardian is appointed by the court.
Court’s Power to Appoint Guardian
1. The court has the power to appoint a guardian for a minor if it is satisfied that it is for the minor’s welfare.
2. The court can appoint a guardian for a minor’s person, property, or both.
Who Can Be a Guardian
1. Any person who is a major and of sound mind can be appointed as a guardian.
2. The court may appoint a guardian from among the relatives of the minor.
Disqualification from Being a Guardian
1. A person who is a minor or of unsound mind cannot be appointed as a guardian.
2. A person who has been convicted of an offense involving moral turpitude cannot be appointed as a guardian.
3. A person who is insolvent or has been declared bankrupt cannot be appointed as a guardian.
Duties of a Guardian
1. To take care of the minor’s person and property.
2. To manage the minor’s property and invest it in a prudent manner.
3. To provide for the minor’s education, health, and well-being.
Powers of a Guardian
1. To take possession of the minor’s property.
2. To manage and administer the minor’s property.
3. To make decisions regarding the minor’s education, health, and well-being.
Removal of a Guardian
1. The court may remove a guardian if it is satisfied that the guardian is not acting in the best interests of the minor.
2. The court may also remove a guardian if the guardian becomes disqualified or is unable to perform their duties.
Procedure for Appointment of Guardian
1. An application is made to the court for the appointment of a guardian.
2. The court issues a notice to all parties concerned, including the minor and their relatives.
3. The court conducts a hearing to determine the suitability of the proposed guardian.
4. The court appoints a guardian if it is satisfied that it is in the best interests of the minor.
Appeal
1. An appeal can be made to the higher court against the order of the court appointing a guardian.
2. The appeal must be made within the time specified by the court.