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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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