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Guardianship in Francoist Spain (1939 – 1975) and the democratic transition (1975 – 1985) was a system which provided husbands and fathers with tremendous legal control over women. Male members of the family were able to transfer legal control of their daughters over to the state.
Guardianship intends to serve as a safeguard to protect the ward. [4] Anyone can petition for a guardianship hearing if they believe another individual cannot make rational decisions on their own behalf. [1] In a guardianship hearing, a judge ultimately decides whether guardianship is appropriate and, if so, will appoint a guardian. [2]
New York's Married Women's Property Act of 1860 is amended so that women lost equal guardianship of their children, and only had veto power over decisions on apprenticeship and the appointment of testamentary guardians. Parts of the act that made husbands and wives equal in realty in cases of intestacy were overturned. [18] 1864
The court began its analysis by citing the applicable guardianship statutes, which provided that the court should make a guardianship decision based on the best interests of the ward. "Best interests of the ward" is defined in the statute, but requires the court to consider the reasonable preference of the ward or conservatee if a preference ...
The IGAC derives its standing from the Guardianship and Advocacy Act, enacted in 1978. Advocates in the 1970s had pointed out the existence of many Illinois residents who needed a legal guardian and had none. Under the English common law, it had been assumed that persons requiring guardianship would be taken care of by their extended families.
On July 20, Representatives Charlie Crist (D–FL) and Nancy Mace (R–SC) introduced the Freedom and Right to Emancipate from Exploitation Act, dubbed the FREE Act, which would give conservatees the right to petition for their own legal guardian, implement oversight policies, and require states to provide guardianship statistics.