Can a mentally ill ward enter into a legally binding contract.

Asked over 2 years ago - Lisle, IL

There is an individual who has a court appointed guardian to manage his finances due to mental illness. Can this person still enter into legally binding contracts that concern his assets?

Attorney answers (3)

  1. Barry Cahn Boykin

    Contributor Level 16

    3

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    Best Answer
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    Answered . No.

    The guardian has the sole responsibility to handle the financial affairs.

    See my other answer to this question.

    The information provided here should not be construed to be formal legal advice. The provision of this general... more
  2. Judy A. Goldstein

    Contributor Level 20

    2

    Lawyers agree

    Answered . Generally, the answer is no, that the guardioan has responsibility for entering ito vontracts. There may be some exceptions, but it really depends upon the nature of the disability and the person or agency entering into the contract with the ward would have the burden of proving that the ward was competent to enter into such a contract.

  3. Steven J. Fromm

    Contributor Level 20

    Answered . Mr. Boykin and Ms Goldstein give sound advice. This is the reason for guardianships; to prevent the ward from signing contracts they have no business entering into.

    Hope this helps.

    Please remember to designate a best answer to your question.

    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com.

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia... more

Related Topics

Guardianship and child custody

A guardianship is a legal arrangement for who will have custody and be responsible for the care of child, or "ward." The guardian acts in the child's interests.

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