Also known as: ward · wards · warda · wardage · warden · wardens · wardpenny · wardships · wardstaff · wardwit · wardwite · guardianship · feudal ward
Written by attorneys · grounded in primary & secondary sources — see below
A legal status imposed on a minor or incapacitated person through court appointment of a guardian who assumes responsibility for the ward's person or property. The status restricts the ward's ability to incur contractual duties or exercise independent control over personal or financial matters.
Wesley Wells, a minor under court-appointed guardianship, signs a lease for an apartment without his guardian's approval. The landlord later seeks to enforce the agreement. Because Wesley is under wardship, the contract is voidable at his election under the governing capacity rule.
Winston Ward's guardian observes an assailant threatening serious injury to Winston. The guardian employs reasonable defensive force that stops short of serious bodily harm. Because Winston is under wardship, the guardian may exercise the ward's defensive privileges without incurring liability.
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Willow Walker petitions to arbitrate a dispute over guardianship of her incapacitated parent. The arbitration agreement is presented to the court. Because the proceeding would grant or modify guardianship, the statute bars arbitration and requires judicial resolution instead.
Wade Watson, a ward under guardianship, seeks to publish a newsletter criticizing his guardian's management. State officials attempt prior restraint. Because the wardship status does not eliminate constitutional rights, the restraint remains subject to First Amendment limits.
Whitney White, a ward whose guardian manages her affairs, alleges dilution of her voting rights in a legislative district. The guardian brings suit on her behalf. The wardship relationship supplies the concrete interest needed to establish standing for the claim.
Waverly Insurance, acting for ward Wesley Wong, sues a carrier for breach of a shipping contract that caused loss to the ward's property. The guardian asserts the claim on the ward's behalf. Recovery is limited to losses that were foreseeable at the time of contracting.
No. Wardship renders contracts voidable rather than void. The ward or guardian may elect to disaffirm, but the other party cannot avoid performance on that ground alone.
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Yes, provided the remaining assets suffice for the ward's lifetime support and no persuasive evidence shows the ward would have refused the gifts.
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A guardian may consent to modification or termination only with court approval supervising the guardianship, and only when the settlor and all beneficiaries also consent.
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No. A judge is prohibited from serving in a fiduciary role if the ward's estate or trust is likely to become involved in proceedings before that judge or its appellate jurisdiction.
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…375, 202 N. E. 2d 33; State v. Fox , Iowa , 131 N. W. 2d 684; Rowe v. Commonwealth , 394 S. W. 2d 751 (Ky.); Parker v. Warden , 236 Md. 236, 203 A. 2d 418; State v. Howard , 383 S. W. 2d 701 (Mo.); Bean v. State , Nev. , 398 P. 2d 251; State v. Hodgson , 44 N. J. 151, 207 A. 2d 542; People v. Gunner ,…