Define: Custos

Custos
Custos
Custos FAQ'S

Custos is a Latin term that refers to a person or entity appointed by a court to manage and protect the assets of a minor or an incapacitated individual.

Typically, a Custos is a trusted family member or friend of the minor or incapacitated individual. However, in some cases, a professional guardian or conservator may be appointed.

The primary responsibilities of a Custos include managing the financial affairs of the minor or incapacitated individual, making decisions regarding their healthcare and education, and ensuring their overall well-being.

A Custos is appointed through a legal process, usually initiated by a concerned party or the court itself. The court will evaluate the qualifications and suitability of the proposed Custos before making a final decision.

Yes, a Custos can be removed or replaced if there is evidence of misconduct, neglect, or if the court determines that it is in the best interest of the minor or incapacitated individual to do so.

While both terms refer to individuals appointed to protect the interests of a minor or incapacitated person, a Custos is specifically appointed by a court, whereas a guardian may be appointed by a parent or through a will.

Yes, a Custos can be held financially liable if they act negligently or in violation of their fiduciary duties. They are expected to act in the best interests of the minor or incapacitated individual and manage their assets responsibly.

Yes, a Custos is generally entitled to reasonable compensation for their services. The specific amount and method of compensation are typically determined by the court.

The duration of a Custos appointment can vary depending on the circumstances. In some cases, it may be temporary, while in others, it may be long-term or until the minor or incapacitated individual reaches a certain age or recovers their capacity.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 12th April 2024.

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