Is a Guardian the Alter Ego of the Ward?

35 Pages Posted: 8 Aug 2008

See all articles by Lawrence A. Frolik

Lawrence A. Frolik

University of Pittsburgh - School of Law (Emeritus)

Abstract

A guardian has a fiduciary relationship to the ward, but what exactly does that mean? Certainly a guardian is expected to act in the best interests of the ward, but how are those interests determined? Guardians are encouraged to act just as the ward would, but that implies that a guardian is closer to being an agent of the ward than a fiduciary. Yet a guardian must reconcile that agent like duty with obligations to the court who appointed him. In light of the perceived value of implementing the wishes of the ward, increasingly, appointing courts have come to treat guardians less as agents of the court and more as agents of the ward.

Keywords: agent, attorney-in-fact, best interests, fiduciary, guardian, reasonable person, substituted judgement, surrogate, ward

Suggested Citation

Frolik, Lawrence A., Is a Guardian the Alter Ego of the Ward?. U. of Pittsburgh Legal Studies Research Paper No. 2008-22, Stetson Law Review, Vol. 37, p. 53, 2007, Available at SSRN: https://ssrn.com/abstract=1210586

Lawrence A. Frolik (Contact Author)

University of Pittsburgh - School of Law (Emeritus) ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States
412-648-1363 (Phone)

HOME PAGE: http://www.law.pitt.edu/people/lawrence-frolik

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