GUARDIANSHIP
What is a guardian?
Your guardian or guardians are the people who take care of you and to guide you towards becoming an adult. They must provide you with food, clothing, shelter and medical care.
Guardians also have rights. They have the right to help make decisions that affect you significantly and the right to see you in order to carry out their responsibilities.
Your guardians may make decisions regarding your education, where you live, and what daily activities you participate in. They may be involved in your religious or spiritual decisions and can help decide what cultures you should be exposed to and what languages you speak at home, if you should work and what your job should be like and if you require medical treatment. Your guardian must take into consideration your ideas and beliefs when making these decisions.
Any significant decision, a decision that involves your health or safety or has long-term consequences, that your guardian makes can be reviewed by the court. The court can confirm or change the decision or provide advice concerning the decision.
Legal Authorities
- Family Law Act, S.A. 2003, c. F-4.5
- vs. 21(1)(5)(a) and (b)
- s. 21(1)(4)(a) and (b)
- s. 21(1)(6)(a)(b)(c)(d)(f) and (g)
- s. 21(1)(7)
- s. 30 FLA
When do I become my own guardian?
You will become your own guardian when you turn 18 or get married.
Legal Authorities
- s. 19, Family Law Act, S.A. 2003, c. F-4.5
- s. 1, Age of Majority Act, R.S.A. 2000, c.A-6
- ss. 1, 3(1), Adult Interdependent Relationships Act, S.A. 2002, c. A-4.5
Who is my guardian?
Sometimes it can be difficult to tell who your guardian(s) are. Your parents are usually your guardians, but this is not always the case. Your social worker, grandparent or older brother or sister can also be your guardian. Call Youth Law for more information and/or use the ‘Ask a lawyer’ function on this website.