Section 704: Determination of guardianship or curatorship

1) The guardianship or curatorship of an incompetent or quasi-competent person shall be determined according to the law of the country of nationality of that person.

2) If the country referred to in sub-section (1) cannot be ascertained, it shall be determined according to the law of the country of his or her habitual residence, and if even such country cannot be ascertained, according to the law of the country of his or her habitual residence for the time being.

3) The relationship between the guardian or curator and the person under his or her guardianship or curatorship shall be determined according to the law of the country of the guardian or curator or the law of the country where the guardian or curator is appointed as such.

Provided that if the habitual residence of the person who is under guardianship or curatorship is in Nepal, it shall be determined according to the law of Nepal.