Which procedural acts must a guardian acting for a person under guardianship obtain special authority to do, and who gives that authority when there is no guardian supervisor?
General information · Not legal advice
Material to check
For this exercise, the file would hold the paper recording the appointment of the guardian supervisor, the settlement or withdrawal document the guardian signed, and any ruling of the family court granting special authority.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading lists the acts exactly as the provision does: withdrawal of the action, settlement, abandonment or admission of claims, and withdrawal from the proceedings may be done only where the guardian has received special authority from the guardian supervisor; where there is no guardian supervisor, that special authority comes from the family court instead.
Another reading notes that the provision also covers a guardian's procedural acts concerning the opposing party's filing of a suit or an appeal and says that no special authority is needed for those, so beyond the named acts and that category it leaves open whether special authority was required for any other step, and it says nothing about what follows procedurally if one of these acts was done before the authority was obtained.
Your judgment
If the guardian signed a settlement, what in the file would show whether a guardian supervisor existed and had given special authority beforehand?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to add or remove the acts that need special authority, or if a court decision explains the effect of such an act done without it.