Short answer. No. Article 736 of the Civil Code is absolute: guardians and trustees cannot donate the property entrusted to them. The prohibition does not depend on the size of the donation or the relationship between the parties. Any donation of a ward's property by the guardian is legally void.
What the law says
Guardians and trustees cannot donate the property entrusted to them.
Civil Code, Article 736 — Guardians and Trustees Cannot Give It Away. Read the full provision →
The prohibition is absolute
Article 736 of the Civil Code states the rule in plain, unqualified terms: Guardians and trustees cannot donate the property entrusted to them. There are no exceptions carved out for small amounts, for donations to the ward's own family, or for donations made with good intentions. The prohibition is not a default that can be overridden by agreement or court approval under this provision. A guardian's authority exists to manage and protect the ward's assets — not to give them away.
Why the law prohibits this
A guardian or trustee is in a position of power over property that does not belong to them. The ward — a minor, an incapacitated person, or a beneficiary — depends entirely on the guardian's faithful management. Allowing guardians to donate that property would create an obvious avenue for abuse: assets could disappear in donations that the ward is powerless to prevent or even discover. The Civil Code closes this door entirely. The guardian's duty is to preserve and grow the estate, not to reduce it through gratuitous transfers.
What happens if a guardian donates anyway
A donation of a ward's property made by a guardian in violation of Article 736 is void — it has no legal effect. The property does not pass to the recipient. When the ward reaches legal capacity or when the guardianship ends, the ward can recover the donated property. A trustee who donates trust property faces not only a void transfer but potential personal liability for the loss, since the donation is a clear breach of fiduciary duty. Anyone who receives such a donation knowing of the guardian or trustee relationship acquires nothing they can lawfully keep.
What a guardian can and cannot do
A guardian may manage, administer, and, under court supervision, sell or encumber property of the ward when that is in the ward's best interest — but never give it away. If you are a guardian and believe a donation would benefit the ward, the proper path is to seek the ward's own decision once they regain capacity, or — if the ward is a minor close to majority — to wait. If you suspect a guardian or trustee is donating your property or a loved one's property without authorization, consult a lawyer immediately about petitioning to remove the guardian and recover the assets.