Legal Definitions - de custode admittendo

De custode admittendo is a historical legal term from Law Latin, meaning "of admitting a guardian." It referred to a specific type of formal written order, known as a writ, issued by a court to legally recognize and appoint an individual as a guardian. This writ served as the official document that granted a chosen person the legal authority and responsibility to care for another individual, typically a minor or someone deemed legally incapacitated, and to manage their property or affairs.

• A Minor Heir's Estate: Imagine a scenario in medieval England where a wealthy landowner passed away, leaving behind a young child as the sole heir. This child was too young to manage the vast estate, including lands, tenants, and finances. A court, often through the petition of a relative or a concerned party, would need to formally appoint an adult to oversee the child's upbringing and manage the inherited property until the child reached adulthood. The court would issue a de custode admittendo to legally establish this adult as the child's guardian, granting them the authority to make decisions regarding the child's welfare and the estate's administration.
• Guardianship for an Incapacitated Adult: Consider a situation in a historical legal system where an adult of significant means suffered a severe illness or injury that rendered them mentally incapacitated and unable to manage their own affairs. Their family might petition the local court to appoint a trusted relative or friend as a guardian to handle the incapacitated person's finances, medical decisions, and personal care. The court, after due consideration, would then issue a de custode admittendo. This writ would be the formal legal instrument that officially recognized and empowered the appointed individual to act as the guardian, ensuring the incapacitated person's well-being and the proper management of their assets.