Guardian, in English law, is the legal representative and custodian of infants—i.e. persons under the age of twenty-one. The feudal law of guardianship was very elaborate; but its provisions have not been of practical importance since the abolition of the Court of Wards in 1641. Under the modern law, a father may, by deed or will, appoint guardians for his child. Parents themselves are called guardians by nature or for nurture; a father has the custody and control of his children, at least until they attain the age of fourteen; and this right passes at his death to the mother, either alone or jointly with any guardian whom he may have appointed. The courts appoint guardians when necessary; thus a guardian ad litem is appointed to defend an action brought against an infant; and if an infant is made executor a guardian is appointed to administer during his minority. If the infant is old enough to do so, he is sometimes permitted to choose his guardian. A guardian is in a fiduciary position, and his powers are usually exercised under control of the court. For his powers in regard to the infant's marriage, see INFANT.
The guardian of a lunatic is usually called a committee. In Scotland the word 'guardian' is sometimes used in reference to lunatics, but seldom applied, except in a popular sense, to those who have the custody and care of children. In corresponding cases in Scotland the custody of a child under twelve, if female, or fourteen, if male, belongs to her or his tutor; and from those ages to twenty-one the child has no legal guardian, being sui juris, but the care of the child's property belongs to a Curator. For guardians of the poor, see POOR LAWS.