Ward (law)

In law, a ward is someone placed under the protection of a legal guardian. A court may take responsibility for the legal protection of an individual, usually either a child or incapacitated person, in which case the ward is known as a ward of the court, or a ward of the state, in the United States, Australia and New Zealand. In Ireland and the United Kingdom "the" is not used; the ward is thus termed a ward of court.^[1] In Canada the legal term is Crown ward.^[2]

When children enter into CYS custody or foster care, they become wards of various government entities dependent on country. In the U.S. they become wards of the respective states in which they reside. The state via the family court stands in loco parentis to the child. Generally this entails assuming all lawful authority to make medical and legal decisions on the child's behalf.^[3][4]

In the United States, native peoples have also, at various times, under certain circumstances, been made wards of the state. One consequence of this was that they were not permitted to sue the federal government.

In Canada, to this day status Indians remain wards of the state as a result of Indian Act legislation. Some scholars and political organizations, such as the Assembly of First Nations, have argued that this represents an apartheid-like system of governance.

See also

• Charge (youth)
• Godchild
• Court of Wards and Liveries
• Government involvement in the Terri Schiavo case
• History of the English fiscal system

References