What is guardianship?
Definition:
Guardianship is an official arrangement in which the court appoints a person (the guardian) to care for an incapable, incompetent, or quasi-competent individual.. The guardian’s role is to defend the person under guardianship’s rights and interests while also assuring their well-being and proper care.
Legal Context:
The 2017 Civil Code clearly contains a chapter on Guardianship
Guardianship.
It is typically established for those who are unable to care for themselves due to age, mental competence, or health difficulties.
The guardian’s responsibility is to handle the person’s personal and/or financial affairs, depending on the nature of the guardianship.
What is adoption?
Definition:
Adoption is a legal process in which a person (the adopter) becomes the legal parent of a child or person who is not biologically related to them. It provides a permanent parent-child connection that includes all legal rights and obligations.
Key features:
Adoption transfers all parental rights and responsibilities from biological parents (or former guardians) to adoptive parents.
It creates a new legal identity for the adopted person.
Adoption is typically permanent and irreversible.
Adoption is a legal process that typically requires a court hearing to establish the new relationship.
Major features:
Personal care takes a back seat to money or property problems.
The curator looks after the incompetent person’s property, assets, or inheritance.
It is usually less thorough than guardianship, which might include personal care.
Legal Context:
The 2017 Civil Code includes a separate chapter on curatorship, emphasising its distinction from guardianship.
What is Curatorship (Mathbar)?
Definition:
Curatorship, also known as Mathbar in Nepal, is a specific legal structure used to manage a person’s inheritance or property when they are temporarily or permanently unable to do so themselves, frequently owing to mental disability or other causes.
Differences Between Guardianship, Curator-ship, and Adoption
Guardianship
- Personal care and protection of an incapacitated person
- Personal and sometimes financial care
- Generally until the individual regains capacity or the court removes
- Court appointment based on incapacity
- Personal welfare and rights
Curatorship- Mathbar
- Management of property or estate of incapacitated person
- Financial/property management
- Temporary or limited to estate management
- Court appointment for estate/property
- Property and estate management
Adoption
- Establishing a permanent parent-child relationship
- Full legal parental rights and responsibilities
- Permanent and lifelong
- Court approval of a new legal parent-child relationship
- Creating a new family relationship
Summary
Guardianship involves caring for and protecting a person who cannot care for themselves, covering personal and sometimes financial aspects.
Curatorship (Mathbar) is the practice of administering an incapable person’s financial estate or property.
Adoption creates a permanent, legal parent-child relationship, replacing biological ties with legal ones, and is not limited to incapacity but involves a complete transfer of parental rights.
Understanding these distinctions helps clarify the legal arrangements available for the care, protection, and family placement of children and incapacitated persons under the 2017 Civil Code of Nepal.
Differences Between Guardianship/Curatorship/Mathbar and Adoption
| Definition | Guardianship | Curatorship- Mathbar | Adoption |
| 2 | Personal care and protection of an incapacitated person | Management of property or estate of incapacitated person | Establishing a permanent parent-child relationship |
| 3 | Personal and sometimes financial care | Financial/property management | Full legal parental rights and responsibilities Permanent and lifelong |
| 3 | Generally until the individual regains capacity or the court removes | Temporary or limited to estate management | Court approval of a new legal parent-child relationship |
| 4 | Personal welfare and rights | Court appointment for estate/propertyProperty and estate managemen | Creating a new family relationship |
Curatorial work in Nepal is referred to as “Mathbar.”
If a minor does not have a guardian, as described in the preceding list of priority connections, any person may act as a curator for the minor’s upkeep, health, education, care, and protection of property until the minor reaches the age of eighteen.
curatorship or “Mathbar” The court selects a curator, also known as Mathbar.
Guardianship is only appointed by the court if there is a disagreement. When a kid under the age of 10 turns ten, he or she can choose their guardian.
He or she must petition the court for a court order designating their preferred guardian.Guardianship, custodianship, or “mathbar”
The main difference between the two is that Guardianship is the “administrator” of an incompetent person. He or she has complete legal authority within the scope of guardianship.
In contrast, the curatorship, or “Mathbar,” lacks the legal standing to launch a case.
The child management method at the curatorship and Mathbar is only temporary. The child has the same relationship with the guardian that he or she does with the biological parent.
Your marital status.
Legal adoption terminates the rights and duties of biological or legal parents. Biological parents’ legal tie extends beyond guardianship and curatorship.
Visitation Rights:
The curator shall have rights for the maintenance, health, education, care, and protection of his or her property. The primary disparities between adoption and guardianship are permanent. Once accepted, the legal validity is permanent.
The curator has rights on the upkeep, health, education, care, and protection of his or her property. The main differences between adoption and guardianship are permanent.
Child Support If a kid is adopted, the biological parents are not obligated to pay child support. Under legal guardianship, biological/legal parents may be obligated to pay financial support to their children.
Adoption Process
Adoption requires more procedural work including a legal process than guardianship, however both procedures require receipt of paperwork from the appropriate Ward Office.
Perpetuity
Legal guardianship is temporary, whereas adoption is permanent.
Should you have any questions relating to guardianship or adoption in Nepal then please do not hesitate to contact us at +977-9847691209
Ms. Advocate Alpana Bhandari is the CEO of Divorce Lawyer Nepal. She focuses her practice on all elements of family law, including divorce, custody, and property division. She advises prospective clients on, among other things, foreign direct investment (FDI), planned investments, joint ventures, and corporate and individual legal counsel on business establishment, business purchase, sales, contract review, contract drafting, share transfer, and company agreements.