Essay Flashcards

Rhea is appointed guardian of her 12-year-old ward Arvin, who owns a parcel of land in a provincial town. Arvin inherits the land and, under Rhea’s guardianship, the estate is managed by her. Without prior court authorization, Rhea signs a deed of sale transferring Arvin’s land to a buyer and delivers the deed; the buyer records the deed. The ward’s heirs later sue Rhea (as guardian) and the buyer for cancellation of the sale and damages. (a) Identify the governing doctrine on a guardian’s authority to dispose of a ward’s real property under guardianship. (b) Distinguish when a guardian may validly encumber or sell ward property versus when such acts are void or voidable. (c) Apply to these facts and determine who bears liability and to what extent.