Also known as: guardianship
Written by attorneys · grounded in primary & secondary sources — see below
The legal status arising when a court appoints a guardian to manage the property or personal affairs of an individual adjudicated to lack capacity because of mental illness, defect, or minority.
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Giana Greco's property was placed under guardianship after a court found her mentally incapacitated. She later signed a purchase agreement for a vehicle. The dealer cannot enforce the agreement against her because the guardianship removes her capacity to incur contractual duties.
Gavin Grant and his former spouse submitted custody disputes to arbitration. The arbitrator attempted to grant guardianship of their child to the mother. A court later vacated that portion of the award because arbitrators lack authority to grant guardianship of a child.
Giselle Guerrero was under guardianship because of an adjudication of mental defect. She signed a five-year commercial lease without court approval. The landlord cannot hold her to the lease because her status under guardianship prevents formation of binding contractual duties.
Gerald Gibson, an unwed father, sought custody of his children after the state removed them without a fitness hearing. The Court held that he was entitled to the same procedural protections afforded other parents before the state could place the children under guardianship.
Gretchen Graham was ordered by a juvenile court to produce her child for inspection as part of a protective proceeding. She refused on self-incrimination grounds. The Court held that the regulatory nature of the guardianship order required her compliance.
Genevieve Gardner obtained a custody decree in one state granting her guardianship of the children. The father later moved the children to another state. The Court held that the second state was not required to give full faith and credit to the guardianship order without a hearing on the father's fitness.
A person under guardage by reason of an adjudication of mental illness or defect has no capacity to incur contractual duties. The rule applies even if the person manifests assent to the transaction.
Supporting sources
An arbitrator may not grant guardage of a child or incapacitated individual. Any award purporting to do so exceeds the arbitrator's authority and is subject to vacatur.
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Guardage requires a court adjudication that places the person's property under guardianship. A mere diagnosis or fluctuating capacity does not by itself trigger the status.
Supporting sources
…of all nations." Id. , at 22-23. Similarly, James Madison, in his first inaugural address, placed his confidence "in the guardianship and guidance of that Almighty Being whose power regulates the destiny of nations, whose blessings have been so conspicuously dispensed to this rising Republic, and to whom we are bound to…