Short answer. Yes. The Civil Code requires partners to render true and full information about partnership affairs on demand, and that duty runs not only to fellow partners but expressly to the legal representative of any partner under legal disability. A court-appointed guardian acting for an incompetent partner qualifies as that representative.

What the law says

Partners shall render on demand true and full information of all things affecting the partnership to any partner or the legal representative of any deceased partner or of any partner under legal disability.

Civil Code, Article 1806 — Duty of Full Information. Read the full provision →

The duty of full information reaches a guardian

Article 1806 of the Civil Code obliges partners to render, on demand, true and full information of all things affecting the partnership. The article names two categories of people entitled to invoke it beyond the partners themselves: the legal representative of a deceased partner, and the legal representative of a partner under legal disability. An incompetent partner falls squarely into the second category, and the legal guardian appointed to act for him is that partner's legal representative. The guardian therefore stands in the incapacitated partner's shoes for purposes of this demand.

Why the law reaches beyond the partner himself

The duty exists because a partner's stake in the business does not disappear simply because he can no longer manage his own affairs. If the information right stopped the moment a partner became incompetent, his interest in the partnership would go unmonitored at precisely the time he is least able to protect it himself. Extending the demand to his legal representative keeps the partnership accountable to him in substance, through the person the law recognizes as authorized to act on his behalf, rather than leaving his co-partners answerable to no one on his account.

What "true and full information" covers

The statute is not limited to financial statements alone; it covers all things affecting the partnership. This can include the state of partnership property, ongoing transactions, contracts entered into, and other matters a partner would reasonably need to understand what the business is doing with his stake in it. The other partners cannot withhold information from the guardian on the theory that the incapacitated partner is no longer personally asking, since it is precisely because he cannot personally ask that the law names his representative in his place.

What the guardian still needs to show

Before this right can be exercised, the guardian generally needs to establish that he is in fact the incapacitated partner's duly appointed legal representative, since it is that status, and not merely a family or personal relationship to the partner, that Article 1806 relies on. Once that representative capacity is established, the demand for information is made on the same footing as if the partner were making it himself, and the co-partners' duty to render it follows accordingly.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.