6.7 Right and Duty of Guardianship

Rights (powers) of the guardian: Custody and control of the ward's person — residence, education, discipline short of violence (corporal punishment prohibited — the Children's Act 2075's ban); Consent decisions — medical treatment, schooling, the minor's contracts (necessaries) and litigation (through the guardian); Management of the ward's property — collection of income, payment of expenses, conservation — under the inventory-and-accounting regime, with court sanction for major dispositions; Representation of the ward in legal proceedings (guardian ad litem). Duties (the trust's content): Welfare of the ward — the fiduciary north star: every act justified by the ward's interest, never the guardian's own; Maintenance of the ward from the ward's own property (or by claim against the maintenance- liable parent — Unit 5); Care and protection — health, education, moral development; reporting and protection duties under the Children's Act; Property accountability — inventory on appointment, prudent management, no self-dealing, accounting to the court, restoration of the estate with gains at majority (or on removal); Non-delegation of personal trust except as the court allows; Liability: the guardian's breach — surcharge, removal, restitution, and the criminal exposure for dishonesty (breach of trust). Termination of guardianship: the ward's majority (18) or death; the guardian's death/removal/ resignation; the parents' resumption of capacity — with the estate's handover and final accounting. Exam Focus Long questions: (i) Concept…