Guardianship Lawyers in Pakistan for Minor Children & Guardianship Certificates
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Legal Guardianship for Children, Passports, Travel, Property & Family Matters
A parent or relative may need a formal guardianship order in Pakistan when legal authority is required to act for a minor child.
Guardianship cases commonly arise after Divorce, Khula, death of a parent, separation, overseas relocation, disagreement between parents, inheritance, property matters or the placement of a child with relatives or another caregiver.
At Right Law Associates, our guardianship lawyers assist parents and families with applications concerning a minor’s person or property, guardianship documentation, passports, visas, international travel, custody-related disputes, and overseas Pakistani family matters.
We provide family-law assistance in Karachi, Islamabad, Lahore and throughout Pakistan.
Our Guardianship Lawyers Assist With:
- Guardianship Applications
- Guardianship of Minor Children
- Guardianship Certificates
- Guardian of the Person of a Minor
- Guardian of a Minor’s Property
- Passport and Visa Guardianship
- International Travel Orders
- Overseas Pakistani Guardianship Cases
- Custody and Guardianship Disputes
- Interim Protection of Minors
- Recovery of a Minor
- Guardianship After Divorce or Khula
- Guardianship After Death of a Parent
- Guardianship of Children Living With Relatives
- Property and Inheritance of Minors
- Special Powers of Attorney for Overseas Parents
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Karachi Head Office:
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Islamabad Office:
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Lahore Office:
Office No. 2, 1st Floor, Landmark Plaza, Jail Road, Lahore, Pakistan
What Is Legal Guardianship in Pakistan?
Legal guardianship concerns a person’s authority and responsibility for a minor’s person, property, or both.
The principal statute is the Guardians and Wards Act, 1890.
The Act defines a guardian as a person having care of a minor’s person, property, or both.
Where the Court is satisfied that an order concerning guardianship is required for the welfare of the minor, it may appoint or declare a guardian in accordance with the Act and the personal law applicable to the child.
Guardianship is also expressly included among the family matters dealt with through the Family Court framework in Pakistan.
Guardianship, Child Custody and Visitation Are Different
Clients frequently use the expressions custody and guardianship interchangeably, although they can involve different legal rights.
Legal Issue | Guardianship | Child Custody | Visitation |
Main Question | Who has legal authority concerning the minor or property? | Who should care for and live with the child? | How does the non-custodial parent meet the child? |
Daily Physical Care | Not necessarily | Usually central | Limited |
Legal Representation of Child | Often relevant | Not automatically determined | Usually not |
Minor’s Property | Can be central | Normally not | No |
Passport/Travel | Frequently relevant | May also be relevant | Sometimes |
Immigration/Visa Matters | Frequently relevant | May be relevant | Rarely |
Court Focus | Welfare and legal protection of minor | Welfare, care and stability | Welfare and parent-child relationship |
Same Legal Remedy? | No | No | No |
A mother may, for example, have physical custody of a child without every issue of formal legal guardianship having been determined.
Likewise, a parent may retain legal responsibilities even though the child does not live with that parent.
Guardianship of the Person vs Guardianship of Property
The Guardians and Wards Act recognises guardianship relating to the person of a minor, property of a minor, or both.
Type of Guardianship | Main Purpose | Typical Issues |
Guardian of the Person | Care and legal responsibility concerning the child | Care, health, education, residence and welfare |
Guardian of Property | Protection and management of minor’s assets | Property, inheritance, investments and financial interests |
Guardian of Person & Property | Authority covering both areas | Cases requiring comprehensive legal protection |
The Court may, where legally appropriate, appoint different guardians for the person and property of the same minor.
What Is a Guardianship Certificate in Pakistan?
“Guardianship Certificate” is the common term clients use for the formal Court order or certified documentation establishing a person’s guardianship of a minor.
It is not merely a privately prepared certificate.
A legal guardianship order follows proceedings before the competent Court under the applicable guardianship and family-law framework.
Another authority may require the order as evidence that the applicant is legally authorised to act for the child.
When Is a Guardianship Certificate Required?
A guardianship order may become necessary where formal proof of legal authority over a minor is required.
Common situations include:
Purpose | Why Guardianship May Be Relevant |
Passport | Authority may require proof of legal authority over a minor |
Visa / Immigration | Parent or caregiver may need formal Court documentation |
International Travel | Travel or relocation may require Court authority |
School Matters | Legal representative may need authority concerning education |
Medical Matters | Formal authority may be needed in particular circumstances |
Minor’s Property | Guardian may need authority to protect/manage property |
Inheritance | Minor heir may require legal representation |
Banking / Financial Affairs | Authority may be needed to manage minor’s financial interests |
Parent Deceased | Another appropriate person may require formal legal authority |
Child Living With Relative | Relative may need Court-recognised authority |
Overseas Relocation | Court orders may be important for travel and future documentation |
Whether a guardianship order is necessary depends on the purpose, existing parental rights, and the requirements of the authority concerned.
Guardianship Law in Pakistan
The Guardians and Wards Act, 1890 is the principal legislation governing appointment and declaration of guardians.
Several provisions are particularly important.
Section | Subject | Practical Importance |
Section 7 | Power to appoint or declare guardian | Court acts where guardianship order serves minor’s welfare |
Section 8 | Who may apply | Identifies persons entitled to seek guardianship |
Section 9 | Jurisdiction | Person-of-minor applications generally follow the minor’s ordinary residence |
Section 10 | Contents of application | Specifies information to be included in petition |
Section 12 | Interim protection | Allows temporary protection/production orders |
Section 17 | Welfare considerations | Lists factors relevant to appointment |
Section 24 | Duties of guardian of person | Support, health and education of ward |
Section 25 | Return of ward | Court may order return where welfare requires |
Section 26 | Removal from jurisdiction | Court-appointed guardian may require leave to remove ward |
Section 29 | Minor’s immovable property | Court permission required for specified transactions |
Section 39 | Removal of guardian | Guardian may be removed for specified misconduct or incapacity |
Welfare of the Minor Is the Central Principle
The Court does not appoint a guardian merely because an applicant is a close relative.
Under Section 17 of the Guardians and Wards Act, the Court is guided by what appears to be for the welfare of the minor, consistently with the law applicable to that child.
Among the matters expressly identified by the Act are:
- age of the minor;
- sex of the minor;
- religion;
- character of the proposed guardian;
- capacity of the proposed guardian;
- nearness of kin;
- wishes of a deceased parent where relevant;
- existing relationship between applicant and child;
- previous relationship concerning the child’s property; and
- intelligent preference of a sufficiently mature child.
Welfare Factors at a Glance
Factor | What the Court May Examine |
Child’s Age | Care and developmental needs |
Health | Medical and physical welfare |
Education | Stability and continuity |
Emotional Relationship | Existing bond with proposed guardian |
Safety | Protection from neglect or harm |
Applicant’s Character | Suitability and responsibility |
Applicant’s Capacity | Practical ability to fulfil guardianship duties |
Relationship | Existing family and caregiving relationship |
Child’s Preference | Where child is mature enough |
Overall Stability | Home, care, education and emotional environment |
No one factor automatically decides every guardianship case.
Who Can Apply for Guardianship?
Section 8 of the Guardians and Wards Act identifies persons who may apply for an order under Section 7.
Depending upon the circumstances, an application may be made by:
- a person seeking or claiming to be guardian;
- a relative of the minor;
- a friend of the minor; or
- the relevant Collector in circumstances provided by law.
The applicant must still establish why the requested order is legally appropriate and serves the minor’s welfare.
Which Court Has Jurisdiction for Guardianship?
Jurisdiction is one of the most important procedural issues.
For an application concerning guardianship of the person of a minor, Section 9 ordinarily directs the application to the Court having jurisdiction where the minor ordinarily resides.
For guardianship of property, jurisdiction can additionally involve the location of the minor’s property.
Person vs Property Jurisdiction
Application | Usual Jurisdictional Connection |
Guardianship of Person | Place where minor ordinarily resides |
Guardianship of Property | Minor’s ordinary residence or place where property is situated |
Person and Property | Jurisdiction must be examined under applicable statutory provisions |
“Ordinary residence” should not automatically be confused with a temporary visit or short stay.
Jurisdiction should therefore be checked before filing.
What Information Must a Guardianship Petition Contain?
Section 10 of the Guardians and Wards Act requires a guardianship application to provide detailed particulars.
These can include:
- name of the minor;
- sex;
- religion;
- date of birth;
- ordinary residence;
- details of the minor’s property, if any;
- identity and residence of the person presently having custody;
- near relatives and their addresses;
- details of any previously appointed guardian;
- previous guardianship proceedings;
- whether guardianship is sought for the person, property or both;
- qualifications of the proposed guardian;
- grounds upon which guardianship is claimed; and
- reasons making the application necessary.
Where appointment is sought, the proposed guardian’s willingness to act must also be documented as required by law.
Documents Commonly Required for a Guardianship Case
The precise documents vary, but a lawyer may commonly ask for:
Document | Purpose |
Applicant’s CNIC | Identity |
Child’s B-Form / CRC | Identity and parentage |
Birth Certificate | Date of birth and family relationship |
Parents’ CNICs | Parentage and identification |
Nikah Nama | Family relationship where relevant |
Divorce / Khula Documents | Current matrimonial status |
Death Certificate | Where a parent is deceased |
Existing Custody Orders | Existing Court arrangements |
School Documents | Residence, education and care |
Medical Records | Health-related guardianship matters |
Passport | Travel/immigration cases |
Visa or Embassy Requirement | Establishes reason for requested order |
Property Documents | Guardian-of-property cases |
Inheritance Documents | Minor heir cases |
Proof of Residence | Jurisdiction and ordinary residence |
Foreign Documents | Overseas cases |
Prepare a case according to its actual purpose rather than using the same generic document list for every guardianship application.
Guardianship Procedure in Pakistan
A typical guardianship matter can involve the following stages:
Stage | Typical Procedure |
1. Legal Review | Determine purpose, jurisdiction and appropriate relief |
2. Document Collection | Gather identity, family and supporting records |
3. Petition | Prepare application under Guardians and Wards Act |
4. Filing | File before competent Family/Guardian Court |
5. Notice | Notice issued to parents and other relevant persons |
6. Objections | Opposing party may contest guardianship |
7. Interim Orders | Temporary protection or production may be sought |
8. Evidence | Court considers documents and testimony |
9. Welfare Assessment | Court evaluates child’s best interests |
10. Child’s Preference | May be considered where child is sufficiently mature |
11. Final Order | Court appoints/declares guardian where legally appropriate |
12. Certified Documentation | Certified guardianship order may then be obtained |
The precise procedure and duration depend upon whether the case is contested and the particular relief requested.
Can a Mother Obtain a Guardianship Certificate?
This question requires more care than many internet articles suggest.
A mother may have physical custody and may seek appropriate legal orders concerning her child, but custody and formal appointment as guardian are not always the same issue.
Section 19 of the Guardians and Wards Act places restrictions upon appointment or declaration of another guardian of the person where the father is living and is not considered unfit.
Accordingly, the correct relief depends upon:
- whether the father is alive;
- whether he is available;
- whether he is fit;
- existing custody arrangements;
- purpose for which the order is required;
- welfare of the child; and
- any existing Court proceedings.
A mother seeking authority for a passport, visa, foreign travel or another official purpose should therefore have the proposed relief legally framed according to her individual circumstances.
Mother Having Custody vs Legal Guardianship
Situation | Physical Custody | Formal Guardianship Issue |
Child lives with mother after Khula | Mother may have custody | Guardianship may still require separate legal consideration |
Father living and fit | Custody may still be with mother | Section 19 becomes relevant to formal appointment |
Father deceased | Mother may have custody | Formal guardianship may be required for particular purposes |
Father absent/unavailable | Mother may care for child | Court order may be required depending on purpose |
Passport/immigration requirement | Custody alone may not resolve issue | Specific guardianship/travel order may be needed |
This is why a custody order should not automatically be described as a guardianship certificate.
Guardianship After Divorce or Khula
Divorce or Khula dissolves the matrimonial relationship between the parents.
It does not automatically resolve every question concerning:
- custody;
- guardianship;
- passports;
- travel;
- education;
- medical matters;
- maintenance; or
- minor’s property.
A mother who obtains Khula does not automatically lose custody, nor does the Khula decree automatically grant every legal power associated with guardianship.
Separate legal orders may therefore become necessary.
Guardianship for a Child’s Passport
Passport cases are one of the most frequent reasons parents seek guardianship advice.
A parent may encounter difficulty where:
- the other parent is abroad;
- the other parent refuses cooperation;
- the other parent is missing;
- parents are divorced;
- a child lives permanently with one parent;
- a parent has died; or
- an embassy or passport authority requires a Court order.
The precise legal relief should be tailored to the requirement imposed by the relevant authority.
A lawyer should review the passport or immigration requirement before filing a broad guardianship case unnecessarily.
Guardianship for Visa and Immigration Matters
Immigration authorities may require evidence showing who has lawful authority to act for a minor.
Depending upon the case, relevant documents may include:
- birth certificate;
- B-Form;
- custody order;
- guardianship order;
- divorce documentation;
- death certificate of a parent;
- consent documentation;
- passport; and
- other country-specific documents.
A Pakistani guardianship order does not automatically determine what a foreign immigration authority will require.
The overseas requirement should therefore be examined alongside Pakistani law.
Need Guardianship for Passport, Visa or Travel?
Send us the requirement issued by the passport office, embassy, immigration adviser or foreign authority together with the child’s existing documents.
Our family lawyers can determine which Pakistani Court order is appropriate.
International Travel With a Minor Child
International travel can create disputes where parents are separated or divorced.
The Guardians and Wards Act itself places restrictions upon removal from the jurisdiction in certain cases involving a Court-appointed or declared guardian.
A Court may therefore need to consider:
- purpose of travel;
- duration;
- destination;
- child’s education;
- existing visitation rights;
- relationship with the other parent;
- risk of non-return;
- immigration status;
- passport arrangements; and
- overall welfare.
A parent should not assume that physical custody alone resolves every international travel issue.
Overseas Relocation of a Child
Permanent relocation is different from a short holiday.
Relocation may fundamentally affect:
- contact with the other parent;
- schooling;
- home environment;
- immigration status;
- extended family relationships;
- enforcement of Pakistani Court orders; and
- long-term welfare.
Where relocation is disputed, the Court should be asked for appropriate directions before taking unilateral action that may prejudice the child or existing proceedings.
Guardian of Minor’s Property
Guardianship may concern property rather than physical custody.
A minor may inherit:
- land;
- a house;
- shares;
- money;
- business interests;
- investments; or
- other assets.
A guardian of property occupies a fiduciary position and must protect the minor’s financial interests.
The Guardians and Wards Act imposes important controls upon management of a ward’s property.
Can a Guardian Sell a Minor’s Property?
A Court-appointed or declared guardian of property does not have unrestricted power to dispose of the minor’s immovable property.
Under Section 29 of the Guardians and Wards Act, specified transactions such as sale, gift, mortgage, exchange or certain leases require previous permission of the Court.
The Court will consider whether the proposed transaction is justified by necessity or evident advantage to the ward.
Property Guardianship: Important Distinctions
Action | Guardian Free to Act Without Court? |
Protect minor’s property | Generally part of guardian’s duty |
Collect income for minor | Subject to guardianship duties/orders |
Sell immovable property | Court permission normally required |
Gift minor’s immovable property | Court permission/restrictions apply |
Mortgage minor’s property | Court permission normally required |
Long lease | Court permission may be required |
Use property for own benefit | No — fiduciary duties apply |
A property guardianship matter should therefore be handled separately from ordinary custody proceedings.
Duties of a Guardian of the Person
Section 24 of the Guardians and Wards Act provides that a guardian of the person is responsible for matters including the ward’s:
- custody;
- support;
- health;
- education; and
- other matters required by the law applicable to the child.
Guardianship is therefore a legal responsibility, not merely a certificate obtained for convenience.
Guardianship After Death of a Parent
Where one or both parents have died, guardianship may become necessary to establish who may legally act for the child.
The Court may consider:
- surviving parent;
- testamentary arrangements;
- grandparents;
- other relatives;
- current caregiver;
- relationship with the minor;
- property/inheritance;
- child’s preference where appropriate; and
- overall welfare.
A relative does not automatically become a Court-appointed guardian merely because the child is living with that person.
Guardianship Where a Child Lives With Grandparents
Grandparents may care for a child for many reasons:
- death of a parent;
- parents living abroad;
- family breakdown;
- illness;
- imprisonment;
- abandonment;
- prolonged absence; or
- agreement between family members.
Where grandparents require formal authority for education, property, passports or another legal matter, a guardianship application may be considered according to the circumstances.
The Court still considers the child’s welfare and the parents’ legal status.
Guardianship of a Non-Biological Child
Families sometimes care for a child who is not their biological son or daughter.
In such cases, legal guardianship under the Guardians and Wards Act may become relevant.
However, guardianship should not be confused with changing biological parentage, inheritance rights or other consequences associated with adoption in some foreign legal systems.
Families intending to take a child abroad should obtain advice on both:
- Pakistani guardianship requirements; and
- immigration/adoption requirements of the destination country.
Can a Guardianship Order Change a Child’s Parentage?
No guardianship order should be treated as authority to create a false biological relationship.
Guardianship concerns legal care or authority concerning a child.
Issues involving:
- biological parentage;
- birth registration;
- surname;
- inheritance;
- nationality; and
- foreign adoption
may involve separate legal rules.
These matters should be addressed independently where relevant.
Interim Guardianship and Protection Orders
Some cases cannot wait until final judgment.
Section 12 of the Guardians and Wards Act provides powers relating to production of a minor and temporary custody or protection of the person or property while proceedings are pending.
Interim relief may be appropriate where:
- child has been removed;
- child is being concealed;
- immediate travel is threatened;
- property is at risk;
- schooling has been interrupted;
- medical needs are urgent; or
- welfare requires temporary protection.
An interim order does not necessarily determine the final guardianship case.
Return or Recovery of a Ward
Under Section 25 of the Guardians and Wards Act, where a ward leaves or is removed from the custody of a guardian of the person, the Court may order return where that would serve the ward’s welfare.
Recovery proceedings are therefore ultimately welfare-based, not merely possessory disputes between adults.
Can a Guardian Be Removed?
Yes.
A Court-appointed or declared guardian may be removed where statutory grounds exist.
These can include matters such as:
- abuse of trust;
- continued failure to perform duties;
- incapacity;
- ill-treatment;
- neglect;
- disregard of Court orders;
- adverse interests; and
- other grounds recognised under Section 39.
Guardianship therefore remains subject to continuing legal responsibility and Court oversight.
Guardianship for Overseas Pakistanis
Overseas Pakistanis frequently require guardianship assistance where:
- children remain in Pakistan;
- one parent lives abroad;
- a child will join the parent overseas;
- passports or visas are required;
- a foreign immigration process requests guardianship documents;
- property belonging to a minor must be managed;
- grandparents presently care for the child; or
- one parent is unavailable.
Right Law Associates assists overseas families with:
- legal consultation from abroad;
- document review;
- guardianship applications;
- Family Court representation;
- certified Court orders;
- Powers of Attorney where legally permissible;
- passport/travel applications; and
- documentation required for foreign use.
Guardianship Through Special Power of Attorney
An overseas applicant may sometimes execute a Special Power of Attorney authorising a representative in Pakistan to undertake specified procedural acts.
Depending upon the matter, the attorney may be authorised to:
- appoint counsel;
- submit permitted documents;
- appear before authorities;
- receive notices;
- obtain certified copies;
- collect Court orders; and
- undertake other expressly authorised acts.
A Power of Attorney does not automatically substitute for every personal appearance or statement that a Court may require.
Its scope should therefore be tailored to the actual guardianship proceedings.
Guardianship Lawyers in Karachi, Islamabad and Lahore
Right Law Associates provides guardianship and family-law services through its practice in Pakistan’s major cities.
Guardianship Lawyers in Karachi
Guardianship certificates, minor children, travel, property and Family Court proceedings.
Guardianship Lawyers in Islamabad
Guardianship, overseas children, passport/visa matters, property and family litigation.
Guardianship Lawyers in Lahore
Minor guardianship, child documentation, property, travel and Family Court cases.
For all Right Law Associates enquiries:
Why Choose Right Law Associates for Guardianship Matters?
Right Law Associates has provided legal services since 1985.
Guardianship cases require careful identification of the actual legal need.
A parent seeking a passport order has a different problem from someone managing a minor’s inherited property. A mother who already has custody may require different relief from a grandparent caring for an orphaned child.
Our family-law team therefore examines:
- relationship to the minor;
- existing custody;
- parental status;
- ordinary residence;
- purpose of guardianship;
- overseas requirements;
- property;
- existing Court orders; and
- welfare of the child
before recommending the appropriate proceeding.
Frequently Asked Questions About Guardianship in Pakistan
What is guardianship in Pakistan?
Guardianship is legal authority and responsibility concerning the person of a minor, property of a minor, or both. The principal legislation is the Guardians and Wards Act, 1890.
What is a guardianship certificate?
It is the common term used for Court documentation establishing or declaring legal guardianship. It is not merely a privately issued certificate.
Which Court grants guardianship?
Guardianship falls within the family-law Court framework. Territorial jurisdiction for guardianship of the person ordinarily relates to where the minor ordinarily resides.
Who can apply for guardianship?
Depending upon the circumstances, an applicant may include a person claiming guardianship, a relative or friend of the minor or another person authorised by the Act.
What is the difference between guardianship and custody?
Custody primarily concerns day-to-day care and residence. Guardianship concerns broader legal authority over the child or the child’s property.
Can a mother have custody but not formal guardianship?
Yes. Physical custody and formal legal guardianship are distinct concepts.
Can a mother obtain guardianship while the father is alive?
The answer depends upon the circumstances. Section 19 contains restrictions where the father is living and not unfit, so the precise relief sought must be considered carefully.
Can a father obtain guardianship?
A father’s legal status is relevant, but any contested guardianship or custody issue remains subject to the governing law and welfare considerations.
What does the Court consider when appointing a guardian?
The Court considers the minor’s welfare together with factors including age, sex, religion, character and capacity of the proposed guardian, relationship to the child and the child’s preference where sufficiently mature.
Where should a guardianship case be filed?
For guardianship of the person, the application ordinarily relates to the place where the minor ordinarily resides.
What documents are needed for guardianship?
Common documents include CNICs, B-Form or birth certificate, family documents, proof of residence and documents relating to the purpose of guardianship. Additional records may be required in property, travel or overseas cases.
Do I need guardianship for my child's passport?
It depends upon existing parental authority, custody arrangements and the requirements of the passport authority. A Court order may be required in particular cases.
Can guardianship be obtained for immigration purposes?
Yes, guardianship or related Court orders may be relevant to immigration cases, but you should also check the foreign authority’s specific requirements.
Can a guardian take a child abroad?
International travel can require consideration of existing Court orders and Section 26 of the Guardians and Wards Act. Court permission may be required in particular circumstances.
Can a guardian sell a child's property?
A Court-appointed guardian of property does not have unrestricted authority to dispose of a minor’s immovable property. The Court must grant permission for transactions covered by Section 29.
Can grandparents become guardians?
Grandparents may seek guardianship where legally appropriate, but relationship alone does not automatically determine the application. The Court considers the child’s welfare and parental circumstances.
Can someone become guardian of an orphaned child?
An appropriate relative or other eligible person may seek guardianship through the Court, subject to the Guardians and Wards Act and the welfare of the minor.
Does a guardianship order amount to adoption?
No. Guardianship and foreign-style adoption are not identical legal concepts, particularly concerning biological parentage and inheritance.
Can guardianship be temporary?
The Court has powers to make interim orders concerning temporary custody and protection pending final proceedings.
Can an existing guardian be removed?
Yes. Section 39 provides grounds upon which a guardian may be removed where appropriate.
Can an overseas Pakistani file a guardianship case?
Yes. Overseas Pakistanis frequently pursue guardianship matters in Pakistan through counsel. A Special Power of Attorney may assist with permissible procedural acts, although personal participation may still be required in some circumstances.
Consult Our Guardianship Lawyers in Pakistan
If you require legal authority concerning a minor child, passport, visa, international travel, property, inheritance or overseas relocation, obtain advice before filing a generic guardianship application.
The appropriate Court order depends upon the child’s circumstances and the specific legal authority you need.
Our family-law team can review:
- B-Form and birth certificate;
- custody orders;
- Divorce or Khula documents;
- passport or immigration requirements;
- property documents;
- inheritance records;
- parental circumstances; and
- overseas documentation
and advise on the appropriate guardianship proceeding.