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TUTOR, civil law. A person who has been lawfully appointed to the care of the person and property of a minor.
In general terms, a tutor is the person appointed to represent the incapable person in legal proceedings. it ensures that the successful party, in the event that it obtains a costs order, has someone against whom that order can be enforced.
In Victoria, only the person most entitled to receive a benefit from the deceased's estate (the senior next of kin) or a trustee company like State Trustees can apply for a grant of Letters of Administration.
In proceedings on a motion to appoint a tutor the evidence must include evidence of legal incapacity, the consent of the tutor and absence of any adverse interest: r 7.18(5). An application for appointment under r 7.18 may be made by the court on its own motion or by any person including the proposed tutor: r 7.18(6).
Under California law, anyone over the age of eighteen years can be nominated and approved by the court as a guardian ad litem. Usually it is either the mother or father of the injured child; in some cases, it is another close family member or friend.