Also known as: tutors · tutored · tutoring · tutorship · tutorships · tutory · tutelage · guardianship
Written by attorneys · grounded in primary & secondary sources — see below
A person appointed by a court to manage the property and personal affairs of an individual adjudicated to lack capacity by reason of mental illness or defect. The appointment removes the ward's power to incur contractual duties and requires court approval for major decisions affecting the ward's estate or status.
Tessa Takahashi's property was placed under guardianship after a court found her mentally ill. She later signed a sales contract for her home without court approval. The buyer cannot enforce the agreement because the guardianship removed Tessa's capacity to incur contractual duties.
Trevor Tate petitioned to become guardian of his incapacitated adult child. The family court referred the dispute to arbitration under the uniform act. The arbitrator's award granting the guardianship is enforceable because the statute expressly permits arbitration of guardianship matters.
Select any source to read its text and confirm it supports the definition.
Tyler Taylor was under guardianship for mental illness when he signed a promissory note to a lender. The lender later sought repayment. The note is voidable because the guardianship status deprived Tyler of capacity to incur contractual duties at the time of signing.
Talia Torres was under guardianship for mental illness when she attempted to sign a promissory note. Her tutor sought court approval before any enforcement action. The note remained unenforceable because the guardianship conclusively removed capacity to incur contractual duties.
Tyrone Tran was under guardianship for mental illness when he attempted to enter a publishing contract. His tutor refused consent. The agreement could not be enforced because the guardianship removed Tyrone's capacity to incur contractual duties.
Tiana Tan was under guardianship for mental illness when she signed a loan agreement. Her tutor later sought to void the note. The agreement was voidable because the guardianship status deprived Tiana of capacity to incur contractual duties.
A person under guardianship by reason of mental illness or defect has no capacity to incur contractual duties. Any contract attempted by the ward is voidable at the election of the guardian or the ward upon restoration of capacity.
Supporting sources
The Uniform Family Law Arbitration Act expressly permits arbitration of proceedings that grant a guardianship of a child or incapacitated individual. The resulting award is enforceable provided the arbitration complies with the act's procedural requirements.
Supporting sources
The Restatement provides that a natural person lacks full capacity if under guardianship. The adjudication itself supplies the conclusive determination that the ward cannot incur even voidable contractual duties without court approval.
Supporting sources
…. . . , and not for the courts, to determine when the true interests of the Indian require his release from [the] condition of tutelage' . . . , it is not meant by this that Congress may bring a community or body of people within the range of this power by arbitrarily calling them an Indian tribe . . . ." United States v.…