Can A Guardian Manage The Ward’s Business Interests Or Investments?

A guardian can manage a ward's business interests and investments, but this is contingent on the guardian’s legal authority and the specific conditions set by the court. Guardianship generally grants the guardian the power to make decisions about the ward’s personal care, health, and sometimes their financial matters, but when it comes to managing business interests or investments, the guardian must adhere to certain legal requirements and responsibilities.

Key Points Regarding Guardianship and Business Management:

Legal Authority and Court Approval:

In many jurisdictions, a guardian has the authority to manage a ward’s financial affairs if the court has specifically granted that authority. However, when it involves business interests or investments, the guardian may need to seek court approval before making significant decisions such as selling business assets, entering into contracts, or making investments.

The guardian’s power may vary based on the type of guardianship established (e.g., guardianship of the person vs. guardianship of the estate) and the terms outlined in the court order.

Fiduciary Duty:

A guardian has a fiduciary duty to act in the best interest of the ward, which includes managing their business assets and investments responsibly. This means the guardian must make decisions that align with the ward’s financial wellbeing, avoid conflicts of interest, and act with due diligence and prudence.

If the ward’s business is large or complex, the guardian may need to seek the advice of professionals such as financial advisors, accountants, or attorneys to ensure informed decisions are made.

Limitations on Business Decisions:

Guardians may not have the authority to make all business decisions. For example, they might not be able to take risky financial actions without consulting the court or experts.

Investments must be made with caution and in a way that reflects the ward's best interests, considering both short-term needs and long-term stability.

If the ward has left a will or other legal instructions regarding how their business interests should be handled, the guardian must adhere to those directions unless the court permits otherwise.

Power of Attorney:

In some cases, an existing power of attorney or living trust may give a designated individual authority to manage the ward's business and investments even if they are not the appointed guardian. If a guardian is appointed but the ward had previously designated someone else to manage their business interests, this may complicate the guardian’s role.

Conflict of Interest:

Guardians must be careful to avoid any conflict of interest in managing the ward’s business interests. For instance, the guardian should not personally benefit from decisions made regarding the ward's investments or business, as this could be seen as a breach of trust.

Example:

If an elderly ward owns a small business and the appointed guardian is also a family member, the guardian may need to consult with a business advisor and get court approval before selling the business or making major investments. The guardian must act in a way that ensures the business is managed effectively, and the ward's financial interests are protected.

Conclusion:

Yes, a guardian can manage a ward's business interests or investments, but the guardian must have the legal authority to do so and should always act in the ward’s best interest. Business decisions and financial investments must be approached with caution and may require court approval or professional guidance. The guardian’s role is to maintain the ward's financial health and well-being, with a clear focus on responsibility and accountability.