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NeCede's

Maxim 1.5.329

A guardian ought not to make profit from the guardianship of his ward.

Lucrum facere ex pupilli tutela tutor non debet.

Source: Wharton, III-178 Difficulty 3/5 — Intermediate

Explanation

A fiduciary entrusted with the care of another's person or property — whether guardian, trustee, or public officer — must never use that position for personal gain; any profit derived from the trust belongs to the beneficiary.

Where this applies

  • A court-appointed guardian invests a minor's inheritance in the guardian's own business, and the court orders the guardian to disgorge all profits because a fiduciary must never profit from a ward's assets.
  • A trustee charges excessive fees far above the reasonable rate for managing an elderly person's estate, and the court orders the excess returned because a guardian must not enrich himself at the ward's expense.
  • A public official uses his position to steer government contracts to his own company, and the court treats the profits as belonging to the public because an officer entrusted with the public's business must not profit from that trust.

Legal domains

Cite this maxim

NeCede Max. 1.5.329 — A guardian ought not to make profit from the guardianship of his ward. — Wharton, III-178 (Lucrum facere ex pupilli tutela tutor non debet.)

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