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NeCede's

Maxim 3.8.10

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

Tutor non debet lucrari ex tutela.

Source: Manning v. Manning's Ex'rs, 1 Johns. Ch. (N.Y.) 527, 535; Dig. 26, 7, 33; Weisman, 53b Difficulty 1/5 — Foundational

Explanation

The guardianship is a trust, not a profit center. Any benefit the guardian extracts from the ward's estate is a breach of duty and must be disgorged.

Where this applies

  • A guardian charges the ward's estate for personal expenses.
  • A trustee profits from managing a child's inheritance.

Legal domains

equityfamily

See also

Cite this maxim

NeCede Max. 3.8.10 — A guardian ought not to make money from the guardianship of his ward. — Manning v. Manning's Ex'rs, 1 Johns. Ch. (N.Y.) 527, 535; Dig. 26, 7, 33; Weisman, 53b (Tutor non debet lucrari ex tutela.)

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