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Understanding Lucrum Facere Ex Pupilli Tutela Tutor Non Debet in Law
Definition & Meaning
The phrase "lucrum facere ex pupilli tutela tutor non debet" translates to "a guardian ought not to make money out of the guardianship of his ward." This legal principle emphasizes that a guardian should not profit from their role overseeing the welfare of a minor or dependent individual. It is rooted in Roman law and underscores the ethical obligation of guardians to act in the best interests of their wards without seeking personal financial gain.
Table of content
Legal Use & context
This principle is primarily applied in family law and guardianship cases. It serves to protect the financial interests of wards, ensuring that guardians are accountable for their actions and decisions. In practice, this means that any expenses claimed by a guardian must be reasonable and justifiable. Users may encounter this principle when dealing with legal forms related to guardianship, trust management, or estate planning. Resources like US Legal Forms provide templates that can help guardians navigate their responsibilities effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A guardian managing a trust fund for a minor must ensure that all expenditures are directly related to the minor's needs, such as education or healthcare, and cannot charge excessive fees for their services.
Example 2: If a guardian decides to invest the ward's funds, any profits made from those investments should benefit the ward, not the guardian personally. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Key Difference
California
Guardians must file detailed accounts of expenditures with the court.
New York
Guardians can receive a statutory fee for their services, but it must be reasonable.
Texas
Guardians may not charge for routine expenses without prior court approval.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Difference
Guardian
A person legally appointed to manage the affairs of a ward.
Focuses on the role and responsibilities of overseeing a ward.
Trustee
A person or entity that holds and manages assets for the benefit of another.
May have more financial responsibilities and can earn fees under specific conditions.
Common misunderstandings
What to do if this term applies to you
If you are a guardian, ensure that all expenses related to your role are reasonable and necessary. Keep detailed records of all transactions and consult with a legal professional if you have questions about your responsibilities. Users can explore US Legal Forms for templates that can assist in managing guardianship duties effectively. If the situation becomes complex, seeking professional legal advice is recommended.
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