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4.4-2 Guardianship
New February 3,
2009
The plaintiff claims that
the defendant is liable under the contract because, even though the defendant
was a minor when the contract was entered into, the defendant’s guardian, <name>,
entered into the contract on (his/her) behalf. A guardianship is a relationship
established by law in which one person, called a "guardian," acts for another,
called a "ward," in this case the defendant, whom the law regards as incapable
of managing his/her own affairs.
A guardian does not have
the power to bind the ward to any contract unless the contract has been approved
by the Probate Court. Thus, for the defendant to be liable, the plaintiff must
prove that: (1) <name of guardian> was, at the time of the contract, appointed
by the Probate Court as the defendant's guardian; and (2) the Probate Court
approved of the guardian entering into the contract in dispute.
Authority
General Statutes § 52-570a
(c); Elmendorf v. Poprocki, 155 Conn. 115, 120 (1967); Stempel v.
Middletown Trust Co., 127 Conn. 206, 220-23 (1940); 39 Am. Jur. 2d Guardian
and Ward § 99.
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