Guardianship of Infants Act 1964

Powers and duties of guardians.

10

10. (1) Every guardian under this Act shall be a guardian of the person and of the estate of the F34 [ child ] unless, in the case of a guardian appointed by deed, will or order of the court, the terms of his appointment otherwise provide.

(2) Subject to the terms of any such deed, will or order, a guardian under this Act—

( a) as guardian of the person, shall, as against every person not being, jointly with him, a guardian of the person, be entitled to the custody of the F34 [ child ] and shall be entitled to take proceedings for the restoration of his custody of the F34 [ child ] against any person who wrongfully takes away or detains the F34 [ child ] and for the recovery, for the benefit of the F34 [ child ], of damages for any injury to or trespass against the person of the F34 [ child ];

( b) as guardian of the estate, shall be entitled to the possession and control of all property, real and personal, of the F34 [ child ] and shall manage all such property and receive the rents and profits on behalf and for the benefit of the F34 [ child ] until the F34 [ child ] attains the age of twenty-one years or during any shorter period for which he has been appointed guardian and may take such proceedings in relation thereto as may by law be brought by any guardian of the estate of a F34 [ child ].

(3) The provisions of this section are without prejudice to the provisions of any other enactment or to any other powers or duties conferred or imposed by law on parents, guardians or trustees of the property of F35 [ children ].

Annotations:

Amendments:

F34

Substituted (9.01.1998) by Children Act 1997 (40/1997), s. 12, commenced as per s. 1(2).

F35

Substituted (9.01.1998) by Children Act 1997 (40/1997), s. 12, commenced as per s. 1(2).

Modifications (not altering text):

C14

The age of twenty-one years mentioned in subs. (2) was reduced to 18 years (1.03.1985) by Age of Majority Act 1985 (2/1985), s. 2(3), commenced as per s. 9(2). Certain provisions of this 1964 Act are excluded by the Age of Majority Act 1985, s. 2(4), but they relate solely to maintenance liabilities.

Reduction of age of majority.

2.— ...

(3) Where there is, in any statutory provision passed or made before the commencement of this Act, a reference to the age of twenty-one years, such provision shall, subject to subsection (4), be construed and have effect as if the reference therein were a reference to full age.

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