6.2 Kinds of Guardian

Kind Source of authority Nepali position Natural The parental status itself Both parents — the Code 2074's equality design Testamentary A parent's will Recognized — appointment by will for the minor's care after the parent's death Court-appointed Judicial order The court's machinery where no natural/testamentary guardian acts De facto Self-assumed care, no legal appointment Fact without title — recognized with limited powers, accountable to the court Guardian by affinity (classical) The spouse of an incapable adult; the guardian appointed for the person of unsound mind The protective jurisdiction of the Code and the court