La pillola di Peter, questo mercoledì, ci lancia direttamente nel tema del Convegno che abbiamo organizzato per il 14 maggio 2021. La protezione degli adulti incapaci ha complicati risvolti di diritto internazionale privato che saranno oggetto della relazione del prof. Franzina e che si affrontano meglio se si dispone di una buona padronanza dell’inglese giuridico.

Guardianship

Transcript:

Hello! People often ask me how they can translate “amministratore di sostegno“, “tutore“, and “curatore” in English..

Sometimes it is not possible to find a direct translation for certain legal terms and it is better to describe those terms using concepts in English because distinctions are created differently and various jurisdictions use different terminology for these distinctions.

First of all, the subject we are talking about is called guardianship. This is the legal process used to protect individuals who are unable to care for themselves or make their own decisions due to:

• infancy,
• incapacity, or
• disability.

The most general term you can use to describe a person who is appointed in these cases is a guardian or legal guardian and a person who needs a guardian is called “ward” or “ward of court“.

There are two types of guardianships, namely:

• a full guardianship, and
• a limited guardianship.

Under a full guardianship, the guardian is given the authority to make all decisions. Under a limited guardianship the guardian is given the authority to make only those decisions which ward is unable to make.

In the UK and a few other jurisdictions guardians are called “deputies” when appointed for adults (this term is not used for minors), but if you call them guardians, everyone will understand.

There are 3 different types of guardians:

• welfare guardians (also called personal welfare deputies) – who make decisions about medical treatment and care arrangements
• financial guardians (also called estate guardians or property and financial affairs deputies) – who deal with practical matters such as paying bills and managing pensions
• combined financial and welfare guardians – who handle both welfare and financial matters

Another word you need to know is conservator. This is the name sometimes given to financial guardians. Here we are dealing with conservatorship and a person under conservatorship is called a “conservatee”.

The last term to look at is “law guardian” (or “guardian ad litem” or “curator at litem“). In some jurisdictions the law guardian represents a child in court, and their role is to assure that the court hears an unbiased (imparziale; obiettivo) view of what is in the child’s best interest, without the parents’ influence.

Thank you very much, and see you next time for more Peter’s Pills to improve your Legal English.

See more about the duties of deputies in the UK here: https://www.gov.uk/become-deputy.

Legal English – Sommario delle Lezioni

• Legal English – Peter’s Pills – Lesson 59 – Appurtenent vs In gross
• Legal English – Peter’s Pills – Lesson 58 – Building societies and Banks
• Legal English – Peter’s Pills – Lesson 57 – Valid, void and voidable contracts
• Legal English – Peter’s Pills – Lesson 56 – Rescission
• Legal English – Peter’s Pills – Lesson 55 – Golden expressions
• Legal English – Peter’s Pills – Lesson 54 – Pre-emption right vs Right of first refusal
• Legal English – Peter’s Pills – Lesson 53 – What do we mean by “agent” of a company?
• Legal English – Peter’s Pills – Lesson 52 – Voting at a meeting
• Legal English – Peter’s Pills – Lesson 51 – Contracts vs Deeds
• Legal English – Peter’s Pills – Lesson 50 – Executive and Non-Executive Directors
• Legal English – Peter’s Pills – Lesson 49 – Transfer of shares vs transmission of shares
• Legal English – Peter’s Pills – Lesson 48 – They, them, their for singular nouns
• Legal English – Peter’s Pills – Lesson 47 – Jointly and severally
• Legal English – Peter’s Pills – Lesson 46 – Invoice words
• Legal English – Peter’s Pills – Lesson 45 – Quotation
• Legal English – Peter’s Pills – Lesson 44 – Gazumping and Gazundering
• Legal English – Peter’s Pills – Lesson 43 – English words that the English do not understand
• Legal English – Peter’s Pills – Lesson 42 – Easement vs Profit à prendre
• Legal English – Peter’s Pills – Lesson 41 -er, -or and -ee names
• Legal English – Peter’s Pills – Lesson 40 – The Objects Clause
• Legal English – Peter’s Pills – Lesson 39 – When is Latin hot, and when is it not?
• Legal English – Peter’s Pills – Lesson 38 – Default
• Legal English – Peter’s Pills – Lesson 37 – Company Agent
• Legal English – Peter’s Pills – Lesson 36 – Injunction (false freind)
• Legal English – Peter’s Pills – Lesson 35 – Mortgage
• Legal English – Peter’s Pills – Lesson 34 – Freehold, Leasehold and Commonhold estates
• Legal English – Peter’s Pills – Lesson 33 – Transferor, Transferee and Transmittee
• Legal English – Peter’s Pills – Lesson 32 – Tax evasion, tax mitigation and tax avoidance
• Legal English – Peter’s Pills – Lesson 31 – Numbers
• Legal English – Peter’s Pills – Lesson 30 – Ordinary resolutions vs special resolutions
• Legal English – Peter’s Pills – Lesson 29 – AGM vs EGM
• Legal English – Peter’s Pills – Lesson 28 – A going concern
• Legal English – Peter’s Pills – Lesson 27 – Collocations: Violate, breach, break, disobey and infringe
• Legal English – Peter’s Pills – Lesson 26 – Company meeting words
• Legal English – Peter’s Pills – Lesson 25 – Mortgagor vs Mortgagee
• Legal English – Peter’s Pills – Lesson 24 – Fixed charges vs Floating charges
• Legal English – Peter’s Pills – Lesson 23 – Doctrine
• Legal English – Peter’s Pills – Lesson 22 – Construe
• Legal English – Peter’s Pills – Lesson 21 – Sign vs Execute
• Legal English – Peter’s Pills – Lesson 20 – The closing statement
• Legal English – Peter’s Pills – Lesson 19 – Writing Business Emails
• Legal English – Peter’s Pills – Lesson 18 – Limited companies
• Legal English – Peter’s Pills – Lesson 17 – Annual Accounts
• Legal English – Peter’s Pills – Lesson 16 – Meetings
• Legal English – Peter’s Pills – Lesson 15 – Attorney-at-law vs Attorney-in-fact
• Legal English – Peter’s Pills – Lesson 14 – Here and there compounds
• Legal English – Peter’s Pills – Lesson 13 – Subject Matter
• Legal English – Peter’s Pills – Lesson 12 – The clear days rule
• Legal English – Peter’s Pills – Lesson 11 – Shareholder, Member or Holder of shares?
• Legal English: Peter’s Pills – Lesson 10 – Competition Law

Peter Liebenberg

Peter Liebenberg è uno specialista nella formazione delle persone nella conoscenza della lingua inglese. Ha creato molti corsi nel campo dell’inglese per professionisti, tra cui English for banking, English for business e English for Insurance, ma ha sempre avuto un debole per l’inglese legale. Altri corsi che ha creato comprendono Phrasal Verbs I e II. Quando Peter non fa formazione, corre a Parco Sempione, crea arte nel suo studio sulla Martesana e fa volontariato.