Concept in Definition ABC
Miscellanea / / July 04, 2021
By Florencia Ucha, in Oct. 2009
Authority that cares for those who cannot do so per se in the absence of biological parents
The word guardianship designates the authority, which in the absence of the paternal and maternal, because they are absent due to some special situation, is conferred on someone and that consists of taking care of a person and her property, either for a reason of minority or any other plausible question of surveillance or because she does not have the full civil capacity to do it.
Then, the guardian once effective the guardianship acquires the authority and responsibility in the absence of the parents of the person in question, on the subject and her property.
Although all the people who are born in this world have a biological father and mother, or adoption, who are the ones who will take care of our care and upbringing Until the age of majority, there are some exceptional cases, usually when the parents die or due to some important issue they cannot take charge of their lives, some
disability, for example, then, children must be in the care and in charge of what is called guardian or guardian and who exercise guardianship, which is the position that we have described above.Fulfill all the duties and prerogatives of a parent
That is to say, the guardian is like the father of that person who is guarding even though he is not in fact, he does not have a bond blood, but he will have to fulfill all the duties of a father and the prerogatives that this role entails.
It may also happen that guardianship is not exercised by a specific natural person but rather that the state takes charge of guardianship of those minors who, for example, were orphans.
Guardianship classes
There are different types of guardianship. Dative Guardianship It is one that will be granted through the decision of a judge or a council of family and not by a testamentary disposition or law. Exemplary Guardianship, supposes the care of the individual and the property of him if there is in fact a mental disability. Legitimate Guardianship which is the one stipulated by law and Probate Guardianship which is the one that will arise from the request in a will.
Causes that extinguish guardianship
Generally, the Guardianship can be terminated for the following reasons: by the arrival of the ward to the legal age, by the adoption of him, by the recovery of the parental authority of his parent, by judicial resolution, by death, among others, while, once the same, the guardian must render an account of the administration of the assets before the pertinent judicial authority.
Other uses of the term
But beyond the one mentioned, which is the most frequent use that we give to the word in our language, there are others that we will review below.
In general terms, guardianship is the direction, defense and protection of one person over another.
In an educational context, guardianship is understood as a process of accompaniment while the training of the child or a student, which will imply personalized attention, transcending, in some cases, the limits of the formal education.
Guardianship in the educational field
In some university careers the role of the tutor is very present, especially when the time culminates. It is common that in those careers that require the completion of a thesis or thesis the figure of the tutor teacher is used, who will be in charge of monitoring the student on that path. The tutor must accompany the student, interview him to delve into the subject that the student's thesis will address and of course guide him in the most appropriate approach and approach.
For the student it is very important since this crucial moment in his career requires a special accompaniment since it must demonstrate the effects of the knowledge acquired during the course.
Subjects in Guardianship