§ 222. The person adopting a child must be at least ten years older than the person adopted. [In effect July 1, 1874.] § 223. A married man, not lawfully separated from his wife, cannot adopt a child without the consent of his wife; nor can a married woman, not thus separated from her husband, without his consent, provided the husband or wife, not consenting, is capable of giving such consent. [In effect July 1, 1874.] § 224. A legitimate child cannot be adopted without the consent of its parents, if living, nor an illegitimate child without the consent of its mother, if living, except that consent is not necessary from a father or mother deprived of civil rights, or adjudged guilty of adultery, or of cruelty, and for either cause divorced, or adjudged to be a habitual drunkard, or who has been judicially deprived of the custody of the child on account of cruelty or neglect. $ 225. The consent of a child, if over the age of twelve years, is necessary to its adoption. § 226. The person adopting a child, and the child adopted, and the other persons, if within or residents of this State, whose consent is necessary, must appear before the judge of the Superior Court of the county where the person adopting resides, and the necessary consent must thereupon be signed and an agreement be executed by the person adopting, to the effect that the child shall be adopted and treated in all respects as his own lawful child should be treated. If the persons whose consent is necessary are not within or are not residents of this State, then their written consent, duly proved or acknowledged, according to sections eleven hundred and eighty-two and eleven hundred and eighty-three of this Code, shall be filed in said Superior Court at the time of the appli cation for adoption. [In effect April 5, 1880.] § 227. The judge must examine all persons appearing before him pursuant to the last section, each separately, and 'f satisfied that the interests of the child will be promoted by the adoption, he must make an order declaring that the child shall thenceforth be regarded and treated in all respects as the child of the person adopting. § 228. A child, when adopted, may take the family name of the person adopting. After adoption, the two shall's astain towards each other the legal relation of parent and chill, and have all the rights and be subject to all the duties of that rela tion. [In effect July 1, 1874.] $229. The parents of an adopted child are, from the time of the adoption, relieved of all parental duties towards, and all responsibility for, the child so adopted, and have no right over it. § 230. The father of an illegitimate child, by publicly acknowledging it as his own, receiving it as such, with the consent of his wife, if he is married, into his family, and otherwise treating it as if it were a legitimate child, thereby adopts it as such; and such child is thereupon deemed for all purposes legitimate from the time of its birth. The foregoing provisions of this chapter do not apply to such ar adoption. 52 Cal. 86. TITLE III. GUARDIAN AND WARD. BATION 236. Guardian, what. 237. Ward, what. 238. Kinds of guardians. 239. General guardian, what. 240. Special guardian, what. 241. Appointment by parent. 242. No person guardian of estate without appointment. 244. Same. 245. Jurisdiction. 246. Rules for awarding custody of minor. 247. Powers of guardian appointed by court. 248. Duties of guardian of the person. 249. Duties of guardian of estate. 250. Relation confidential. 251. Guardian under direction of court. 252. Death of a joint guardian. 253. Removal of guardian. 254. Guardian appointed by parent, how superseded. SECTION 255. Guardian appointed by court, how superseded 256. Released by ward. 257. Guardian's discharge. 258. Insane persons. § 236. A guardian is a person appointed to take care of the person or property of another. § 237. The person over whom or over whose property a guardian is appointed, is called his ward. § 239. A general guardian is a guardian of the person or of all the property of the ward within this State, or of both. § 240. Every other is a special guardian. § 241. A guardian of the person or estate, or of both, of a child born, or likely to be born, may be appointed by will or by deed, to take effect upon the death of the parent appointing: 1. If the child be legitimate, by the father, with the written consent of the mother; or by either parent, if the other be dead or incapable of consent; 2. If the child be illegitimate, by the mother. [In effect July 1, 1874.] § 242. No person, whether a parent or otherwise, has any power as guardian of property, except by appointment as hereinafter provided. § 243. A guardian of the person or property, or both, of a person residing in this State, who is a minor, or of unsound mind, may be appointed in all cases, other than those named in section two hundred and forty-one, by the Superior Court, as provided in the Code of Civil Procedure. [In effect April 5, 1880.] § 244. A guardian of the property within this State of a person not residing therein, who is a minor, or of unsound mind, may be appointed by the Superior Court. [In effect April 5, 1880.] § 245. In all cases the court making the appointment of a guardian has exclusive jurisdiction to control him. § 246. In awarding the custody of a minor, or in appointing a general guardian, the court or officer is to be guided by the following considerations: 1. By what appears to be for the best interest of the child in respect to its temporal and its mental and moral welfare; and if the child be of a sufficient age to form an intelligent preference, the court may consider that preference in determining the question. 2. As between parents adversely claiming the custody or guardianship, neither parent is entitled to it as of right; but, other things being equal, if the child be of tender years, it should be given to the mother; if it be of an age to require education and preparation for labor or business, then to the father. 3. Of two persons equally entitled to the custody in other respects, preference is to be given as follows: 1. To a parent; 2. To one who was indicated by the wishes of a deceased parent; 3. To one who already stands in the position of a trustee of a fund to be applied to the child's support; 4. To a relative. [In effect July 1, 1874.] See § 214. § 247. A guardian appointed by a court has power over the person and property of the ward, unless otherwise ordered. § 248. A guardian of the person is charged with the custody of the ward, and must look to his support, health, and education. He may fix the residence of the ward at any place within the State, but not elsewhere, without permission of the court. § 249. A guardian of the property must keep safely the property of his ward. He must not permit any unnecessary waste or destruction of the real property, nor make any sale of such property without the order of the Superior Court, but must, so far as it is in his power, maintain the same, with its buildings and appurtenances, out of the income or other property of the estate, and deliver it to the ward, at the close of his guardianship, in as good condition as he received it. [In effect April 5, 1880.] § 250. The relation of guardian and ward is confidential, and is subject to the provisions of the Title on Trust. § 251. In the management and disposition of the person or property committed to him, a guardian may be regulated and controlled by the court. § 252. On the death of one of two or more joint guar dians, the power continues to the survivor until a further appointment is made by the court. for § 253. A guardian may be removed by the Superior Court any of the following causes: 1. For abuse of his trust; 2. For continued failure to perform its duties; 3. For incapacity to perform its duties; 4. For gross immorality; 5. For having an interest adverse to the faithful performance of his duties; or, 6. For removal from the State; 7. In the case of a guardian of the property, for insolvency; 8. When it is no longer proper that the ward should be under guardianship. [In effect April 5, 1880.] § 254. The power of a guardian appointed by a parent is superseded: 1. By his removal, as provided by section 253; 2. By the solemnized marriage of the ward; or, 3. By the ward's attaining majority. § 255. The power of a guardian appointed by a court is suspended only: 1. By order of the court; or, 2. If the appointment was made solely because of the ward's minority, by his attaining majority; or, 3. The guardianship over the person of the ward, by the marriage of the ward. [In effect July 1, 1874.] § 256. After a ward has come to his majority, he may Bettle accounts with his guardian, and give him a release, which is valid if obtained fairly and without undue influence. |