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Wednesday, October 20, 2010

The Legal Duty of a Guardian to a Ward

A Fiduciary Legal Relationship exists between a Guardian and Ward as a matter of law. And, the Legal Relationship between a Guardian and Ward is the equivalent of that of a Trustee to a Beneficiary. Thus, the Guardian owes the Ward a Legal Duty of Loyalty to act in the Ward's Best Interest, that is, the Ward's rational self interest. The Duty of Loyalty of a Guardian to a Ward makes it illegal for a Guardian to in any way benefit personally and or financially from the Guardianship. See generally, the legal case of In re Estate of Swiecicki, 477 N.E. 2nd 488 (1985).

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