Legal Definitions - guardage

Guardage is a historical legal term that refers to the state of being under the care and protection of a guardian. It encompasses both wardship, which historically often involved the control over a minor's person and property, and the broader concept of guardianship, where a designated individual or entity is legally responsible for the well-being and/or assets of another person who is deemed unable to manage their own affairs. This inability typically arises due to minority (being underage) or incapacitation (such as severe illness or mental disability).

Here are some examples to illustrate the concept of guardage:

• Example 1 (Historical Wardship): In 17th-century England, if a nobleman died, leaving a young son as his heir, the king might assert his right of guardage over the minor. This meant the king, or a chosen appointee, would manage the heir's vast estates and finances until the boy reached adulthood, often benefiting financially from the arrangement during that period.

  Explanation: This illustrates guardage in its historical sense of wardship, where the monarch exercised legal control over a minor's person and property due to their inability to manage their own affairs, often with significant financial implications.

• Example 2 (Modern Minor's Guardianship): Following the unexpected passing of both parents, a court appointed a child's grandmother as her legal guardian. The grandmother was granted guardage over the child, making her legally responsible for the child's upbringing, education, healthcare decisions, and the careful management of any inheritance the child received until she reached the age of majority.

  Explanation: Here, guardage refers to the modern concept of guardianship, where the grandmother assumes legal responsibility for the minor's personal care and financial assets, acting on her behalf due to her minority.

• Example 3 (Modern Incapacitated Adult Guardianship): An individual suffering from advanced Alzheimer's disease became unable to make sound decisions regarding their medical treatments or financial affairs. Their adult daughter successfully petitioned the court to be granted guardage over her parent. This legal designation allowed the daughter to make critical healthcare choices, manage her parent's living arrangements, and oversee their financial estate to ensure their safety and well-being.

  Explanation: This example demonstrates guardage in the context of an incapacitated adult, where a guardian is appointed to manage the personal and financial affairs of someone unable to do so themselves, ensuring their best interests are protected.