Short answer. Yes. Article 1394 of the Civil Code expressly provides that ratification may be effected by the guardian of the incapacitated person. This allows the guardian to cure a contract that would otherwise remain challengeable because the ward lacked full legal capacity when the contract was made.
What the law says
Ratification may be effected by the guardian of the incapacitated person.
Civil Code, Article 1394 — Ratification by the Guardian. Read the full provision →
Why some contracts involving incapacitated persons are only voidable
When an incapacitated person — a minor, someone suffering from mental incapacity, or another person under a legal disability — enters into a contract, that contract is generally voidable rather than void. It is valid and binding unless and until the incapacitated person or someone with the right to act for them challenges it. The policy behind this is that incapacity is a protection, not an automatic nullifier. The contract can be undone, or it can be ratified — made final and binding — depending on what serves the incapacitated person's interests.
The guardian's power to ratify
Article 1394 gives the guardian of an incapacitated person the express power to ratify a contract the ward entered into. Ratification means the guardian confirms that the contract should stand. Once ratified, the voidable contract is no longer challengeable on grounds of incapacity — it becomes as binding as any ordinary contract. This power makes sense because the guardian is the person legally responsible for the ward's welfare and property. If a contract, though imperfect at the time it was made, is actually beneficial for the ward, the guardian can lock it in.
Ratification is not the same as consent
Ratification is different from the guardian giving consent before the contract is made. When a guardian consents beforehand, the contract never has the defect of incapacity to begin with. Ratification happens after the fact — the contract already exists, and the guardian is retrospectively validating it. This distinction matters for the timing of the guardian's decision. The guardian should assess whether the contract's terms are advantageous for the ward before ratifying. Ratifying an unfavorable contract could itself be a breach of the guardian's duty to protect the ward's interests.
Practical considerations
If you are the other party to a contract with someone who turned out to be incapacitated, you now face a contract that could be annulled at any time. You may want to approach the guardian and request formal ratification if the contract is fair and you want certainty. If you are a guardian reviewing a contract your ward made, examine whether it is truly in the ward's benefit before ratifying. Once ratified, the ward cannot later annul the contract on grounds of incapacity, so the decision is serious. If the contract is disadvantageous, the appropriate action may be annulment instead.