Define: Parens Patriae

Parens Patriae
Parens Patriae
Quick Summary of Parens Patriae

Parens patriae is a Latin term that translates to “parent of the nation” and refers to the inherent power of the state to act as a guardian for individuals who are unable to care for themselves or protect their own interests. In legal contexts, parens patriae allows the government to intervene on behalf of vulnerable individuals, such as minors, individuals with disabilities, or those deemed incompetent, to ensure their welfare and protect their rights. This authority enables the state to initiate legal proceedings, provide protection, and make decisions in the best interests of those under its care. Parens patriae is often invoked in matters involving child welfare, mental health treatment, and guardianship proceedings, where the state assumes a protective role to safeguard the well-being and rights of individuals who are unable to do so themselves.

What is the dictionary definition of Parens Patriae?
Dictionary Definition of Parens Patriae
(paa-rens pat-tree-eye) n. Latin for "father of his country," the term for the doctrine that the government is the ultimate guardian of all people under a disability, especially children, whose care is only "entrusted" to their parents. Under this doctrine, in a divorce action or a guardianship application the court retains jurisdiction until the child is 18 years old, and a judge may change custody, child support or other rulings affecting the child's well-being, no matter what the parents may have agreed or the court previously decided.
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This glossary post was last updated: 29th March 2024.

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