wardship

Wardship is the legal relationship in which a guardian is entrusted with the personal care and property management of a ward, typically a minor or an incapacitated adult, as determined by law or historical practice. A wardship may be established by court appointment or, historically, by feudal prerogative, such as the Crown's right to oversee the heirs of deceased landholders. The guardian acts to safeguard the ward's welfare, manage estate assets, collect rents, pay debts, and bring or defend lawsuits on the ward's behalf. The ward's rights and the guardian's duties are overseen by a court to prevent abuse and ensure accountability.

In English legal history, wardship could be a source of revenue as well as control. When a landholder died leaving a minor heir, the Crown could appoint a guardian and would often benefit from the ward's estate, including profits from the ward's marriage portion. The guardian could arrange marriages, especially for heiresses, with the objective of controlling land and wealth; wardship fines or profits could accrue to the guardian or the lord who held wardship.

Modern practice has largely shifted to guardianship or conservatorship schemes, where courts appoint a guardian for the person and a separate guardian or conservator for property. Wardship, when it appears, is now mostly historical or used in comparative law to describe the institution.

See also: guardianship, custody, conservatorship, minority, feudal law.