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NeCede's

Maxim 3.8.5

A minor ought not to be guardian of a minor, for he who knows not how to govern himself is presumed to govern others badly.

Minor non debet esse custos minoris; alios enim praesumitur male regere qui seipsum regere nescit.

Source: Co. Litt. 88b; Fleta, lib. 1, c. 10; Morgan, Eng. Legal Maxims no. 1259; Weisman, 80c Difficulty 2/5 — Approachable

Explanation

Guardianship requires a degree of judgment and prudence that the law presumes an infant does not possess. The protector must be at least as capable as the one he protects.

Where this applies

  • A teenager is appointed as guardian of a younger sibling.
  • A minor is asked to serve as a fiduciary for another minor.

Legal domains

family

See also

Cite this maxim

NeCede Max. 3.8.5 — A minor ought not to be guardian of a minor, for he who knows not how to govern himself is presumed to govern others badly. — Co. Litt. 88b; Fleta, lib. 1, c. 10; Morgan, Eng. Legal Maxims no. 1259; Weisman, 80c (Minor non debet esse custos minoris; alios enim praesumitur male regere qui seipsum regere nescit.)

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