Who is Harry's guardian?
a_svirn
a_svirn at yahoo.com
Fri Sep 15 20:37:53 UTC 2006
No: HPFGUIDX 158358
> bboyminn:
>
> On the second point, as a high officer of the court,
> Dumbledore certainly does have some right to make a
> determination as to the disposition of Harry.
a_svirn:
I wonder where you got that idea. I'd say nothing in the books
points in that direction. For one thing the court in the WW is a
*jury* and not even a minister for magic can decide anything without
the rest of the panel of adjudicators. For another thing Sirius
states that the Potters APPOINTED him Harry's guardian. Which means
that legally he was Harry's guardian as of October 31 1981. It has
nothing to do with his being Harry's godparent.
> bboyminn:
>
> It means Sirius was assigned the intent to be guardian
> if something happened to the Potters. But formal
> guardianship can and usually is determined by the court.
> Even if Harry were turned over to Sirius immediately, at
> some point Sirius's guardianship would have to be made
> legally formal.
a_svirn:
It is only determined by the court if there is some ground for
doubts. If there is a Will where a guardian is clearly designated or
a formal appointment under the Children Act terms there is no reason
even to go to the court. Unless, of course, someone else tries to
contest the legality of the appointment.
And in any case, until any such appointment is formally overturned
by the court no one has any right to appoint other guardians as
they see fit.
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