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The Guardianship law in Dhaka, Bangladesh is primarily governed by the Guardian and Wards Act, 1890. This Act sets out the provisions relating to the appointment of a guardian for a minor or someone incapacitated. It defines the responsibilities of a guardian as well as the legal procedures to follow when seeking to be a guardian. It is worth noting that the application of these laws does not only refer to Dhaka but to all Bangladesh, but this guide is focusing specifically on Dhaka for regional context.
There are numerous situations where you may require the services of a lawyer specialized in guardianship. For instance, if you need to appoint a guardian for a minor or a disabled adult who cannot make decisions for themselves, a lawyer would guide you through the legal processes. You may also need a lawyer when there is a need to terminate a guardianship agreement, or when there are disputes concerning a guardianship case. More so, engaging in international Guardianship proceedings, which may require understanding complex cross-border laws, make it worth considering professional legal help.
The Guardianship law in Dhaka mainly revolves around the Guardians and Wards Act, 1890. Key aspects of this law cover how a guardian is appointed by the court, responsibilities and powers of a guardian, and the rights of the minor or the person in need of the guardianship. This law also outlines factors the court considers before appointing a guardian such as the age, the welfare of the minor, and the capability of the potential guardian. Premature termination of guardianship, consent rules for child marriage, and the transfer of property are other areas covered by the Act.
In accordance with the Guardians and Wards Act, 1890, any person who is not a minor and is sound of mind can be a guardian. However, the welfare of the child is a primary consideration by the court in appointing a guardian.
A person can be appointed as a guardian through a will written by the parents or by an order of the court.
A guardian is responsible for the welfare of the minor or person under guardianship, managing and protecting their property, and making decisions on their behalf.
The court considers the minor's preferences, if above ten years old, while appointing a guardian. If appointed and the minor does not agree with the guardian, they have a right to communicate this to the court.
Yes, guardianship can be terminated by the court if the guardian is found to be negligent in their duties, the ward becomes a major or in case the ward passes away or recovers from his incapacity.
A ward is the person over whom or over whose property, a guardian has been appointed.
A guardian requires the court's permission to marry off a minor; it is usually granted if the court believes it is in the minor's best interest.
A ward can have more than one guardian, specifically, one for their person and another for their property.
A guardian can be appointed by a judge or a person specified by the will of the ward’s deceased parents. The court’s decision in case of disputes is considered the final word.
With the court’s permission, the guardian can dispose of a ward’s property if it is necessary and beneficial to the ward.
Additional resources that may be helpful include the Family Court for Guardianship matters, public libraries for legal guidebooks, and community legal awareness programs. Consulting with the Bangladesh Bar Council or local law firms in Dhaka can also be beneficial in navigating guardianship cases.
If you need further legal help in Guardianship in Dhaka, Bangladesh, you should consider contacting a lawyer practicing in this area. Compile your questions, necessary identification documents, and information related to the ward such as age, mental and physical health condition, and financial status. It's advisable to communicate everything clearly and honestly with your lawyer to achieve the best possible outcomes.
