Gaius, On the Provincial Edict, Book XII. Guardianship is generally an office whose duties are exercised by men. 1It must be understood that guardianship does not pass to another by hereditary right. The legal guardianships of parents, however, descend to children of the male sex, who are of age, but others are not transmitted.

Gaius, On the Provincial Edict, Book XI. Parents are permitted by the Law of the Twelve Tables to appoint by will guardians for their children of either the female or the male sex, provided they are under their control. 1We should also remember that parents are allowed to appoint testamentary guardians for their posthumous children, grandchildren, or any other descendants, if, where such children were born during the lifetime of the testator they would have been under his control, and would not have broken the will. 2It should also not be forgotten that, where anyone has a son, and also a grandson by the said son, under his control, and he appoints a guardian for his grandson, he must be held to have properly appointed him, if the grandson, after his death, does not again come under the control of his father, which would be the case if his son should cease to be under his control during the lifetime of the testator.

Gaius, On the Provincial Edict, Book XII. Where there are several agnates, the next of kin among them will obtain the guardianship, but where there are several in the same degree, they will all be entitled to it.

Gaius, On the Provincial Edict, Book XII. It has always been settled that a Governor can appoint a guardian, whether the latter be absent or present, for a ward who is either present or absent;

Gaius, On the Provincial Edict, Book XII. A guardian should apportion the number of slaves who are to be in attendance upon his ward, in accordance with the rank and means of the latter. 1A guardian should not be heard when he alleges that he has not invested the money of the ward because he could not find a suitable place to do so, if it is proved that he has invested his own money profitably during that time. 2In the payment of legacies and the discharge of trusts, the guardian should be careful not to pay anyone to whom nothing is due. Nor should he give marriage gifts to the mother or sister of his ward. It is another thing, however, for the guardian to furnish the mother or sister of his ward with the necessaries of life, where they are unable to support themselves, for this should be ratified; as there is much difference where money is spent for this purpose, and where expense is incurred for presents or legacies.

Gaius, On the Provincial Edict, Book XII. A ward cannot be rendered liable by any contract without the authority of his guardian; he can, however, acquire property for himself by means of a stipulation, as well as by delivery, without the authority of his guardian, but he cannot bind himself by lending money, because he cannot alienate anything without the authority of his guardian. 1With reference to the rule that a ward cannot alienate any property without the authority of his guardian, it is evident that he cannot manumit his slaves without his consent, and even if he should manumit a slave with the authority of his guardian, he must, in accordance with the Lex Ælia Sentia, give a good reason for doing so, in the presence of the Council. 2Where a ward, for any reason, makes a payment without the authority of his guardian, his act is void, because he cannot transfer the ownership of anything. Where, however, the creditor, in good faith, spends the money repaid by the ward, the latter will be released. 3A ward cannot enter upon an estate without the consent of his guardian, even though it may be advantageous to him, and he suffers no loss by doing so. 4Under the Trebellian Decree of the Senate, a ward cannot receive an inheritance without the consent of his guardian. 5The guardian ought to be present and authorize the transaction, and his consent will be of no effect if subsequently given, or communicated by letter. 6Even if the party who makes a contract with a ward does not know that the authority of the guardian was granted, still, if this can be proved by written evidence, the transaction will be valid; for example, if I sell or rent anything by letter to a ward who is absent, and he gives his consent, after having been authorized by his guardian.

Gaius, On the Provincial Edict. Book XII. If, after the ward has reached puberty, the guardian should relinquish the administration even for a very short time, and afterwards resume it, there is no doubt that he can be sued in an action on guardianship, as well as in one on voluntary agency.