Audubon County Republican. [volume] (Audubon, Audubon Co., Iowa) 1885-1894, 1893-06-01
DUTIES OF A GUARDIAN.
LAWS THAT BIND THE GUS
TODIAN OF CHILDREN.
legal and Moral Aspects Of the Rela-
tion-Requircmcn Differ In the
Several States The
Rights Of - Child.

! Firstly, there are the parents. who
are the natural guardians OF the
children then other near relatives
who may take charge of child when
its parents die, and who may come to
be recognized us the legal guardians |;
then there are guardians whom the
| father or mother may appoint by
will to have charge Of the person or
property, or both, of child, or il
such appointment has not been made
it will lie made by the surrogate
where a certain amount of property
is concerned, and there are temper
airy guardians appointed by order of
u court or judge in legal proceed
ing to represent some one who is too
young to appear in person and to
look after his int ests.
A guardian who has the personal
care of child is called the guardian
| of the person, aud one who has charge
of the property is the guardian of the
estate. The court may separate the
two guardianships and appoint differ
cnt guardians.
The duty of a guardian is to man
age the affairs and property of his
ward to the best of his ability. and
when his term of guardianship ex-
pircs--by the infant attaining his
majority or otherwise-to give an
account Of his administration and of
all property he has had in his hands.
Minors" or ''infants" are all per-
sons under the age of II Except that
in few OF the states the women are
of age at 49,, but there is distinc-
tiOn made at | l. An infant over the
age of II can have voice in choos-
ing his guardian and can in some
cases sue or be suod in his own name
When there are notices or papers
of any kind to be served. upon the
parties to legal proceeding, the in
FAINT must be served as we'll as others,
and in the case of infants under IA
two copies each must be served, one
upon the parent or guardian, and one
personally upon the child itself
Even in the case of a child to young
not only to understand or to read,
but even to notice the paper, this
double service must be made and
copy of the paper put in its hands,
rule which strikes one as amusing,
but the theory is that the younger
the child the more protection ii
needs
There is certainly degree of in
justice to women in the laws relating
to the control of their children and
N nf
them in the greater power given to
the father, writes Helen Frazer Lovett
in the St Louis Starr ayings, although
the children's interests are as safe,
frequently safer, in the hands of the
mother than the father.
In a few of the states-in Iowa, for
example-the father and mother are
joint natural guardians, and upon
the death OF the one the other be-
comes sole guardian. Generally,
however, the father may appoint by
will any one he chooses to be guar
disn OF the child, not only OF the prop
erty, which, when the property
comes from the father, does not seem
unreasonable, but of the person as
well.
These appointments, however, may
be set aside by the surrogate, and an
opportunity is given to the mother
or other friends of the child to petit
ton the court to appoint some one
else. II proof can be brought that
the person named is not a suitable
guardian. the judge will disregard
the appointment AMI make another
When an infant is made party to
any litigation or has an interest in
the settlement of an estate. a special
, guardian must be appointed by the
court in which the case is being
tried, or by tho surrogate. to repre-
sent his or her interest. This person
is sometimes called the next
friend" In actions in the surro-
gates court he is called the especial
! guardian and in the supreme court
and other courts the guardian ad
litem" guardian in respect to the
strifel. His authority and duties do
| not extend beyond the particular
matter as to which he is appointed,
and when that is settled they are at
an end. 1t is usual, though it may
not be always necessary, TO appoint a
lawyer.
II the parent; are interested in any
| way in the same matter, neither of
| them can be this guardian al Item,
nor can any one else who is a party,
ror any .one who is acting as attorney
Tor any OF them. 1t must be some
one who has no interest of any kind
| opposed to that of the infant whom
he represents.
In this matter of the appointment
of guardians by law, there is apt to
be some misunderstanding. A moth
or is very likely to feel aggravated
that any one but herself or some one
of her choosing should be the child's
guardian and to regard il as caprice
and piece OF injustice on the part
| of the law. because no one could have
the child's interest more to heart
than his mother.
This is true in an overwhelming
! majority Of cases, but what the law
has in view here is justice to the
child. There are such things as par
| ents who would choose their own al
vantage before their children's where
| interests clasheJ, and the law or the
| judges cannot make the intimate per-
sonal acquaintance of each parent
| Keeping in mind the possible contin-
! gency, the best that can be done is 10
appC Mt some one who will have no
temptation to do anything but his
! best for the infant.
The theory of the law in regard to
( minors is that the child is an indi-
vidual, with rights of his own in
which he is to be protected. even
against his parents If necessary, and
that il is the duty Of the community
of which he forms part TO so protect
him.
1t is pointed out by Herbert Spen-
Ger, in some recently published es-
says on Justice" that this view
marks an immense advance in civil
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