Someone owes money to my incompetent sister from before her guardianship began — does her guardian have authority to go after that debt, and does he also have to handle her legal battles for her?

Settling accounts and collecting debts

The guardian must settle all accounts of his ward, and demand, sue for, and receive all debts due him, an affirmative collection duty that goes beyond just holding onto whatever the ward already has. This duty applies specifically to debts owed to the ward from before the guardianship began, like money someone else owes her — the guardian cannot simply leave such claims uncollected and treat the ward's existing assets as the whole of what needs managing. Pursuing what is owed to the ward is treated as part of properly administering her estate, not an optional extra left to the guardian's discretion.

Compromise, but only with court approval

The guardian may also, with the approval of the court, compound for the same and give discharges to the debtor, on receiving a fair and just dividend of the estate and effects — settling for less than the full debt is allowed, but the court's sign-off is required first. The court's approval requirement exists because compromising a debt necessarily means accepting less than what is technically owed, a decision that affects the ward's own interests and therefore cannot be left to the guardian's unilateral judgment. Without that prior approval, a guardian who agrees to accept a reduced amount and discharge the debtor risks having the compromise treated as unauthorized.

Standing in for the ward in litigation

The guardian shall appear for and represent his ward in all actions and special proceedings, taking on the role of litigating for someone the law treats as unable to represent herself. This representation duty is not limited to lawsuits the guardian initiates on the ward's behalf, such as the debt-collection actions already described — it extends to any action or special proceeding in which the ward has an interest, whether the ward is the one bringing the case or the one being sued. The guardian effectively becomes the ward's voice in court for the duration of the guardianship.

A built-in exception

That representation duty applies unless another person be appointed for that purpose, allowing, for example, a guardian ad litem to be named for a specific case without displacing the guardian's other duties. The exception recognizes that a guardian's ordinary representation duty is a default rule, not an exclusive one — a court can substitute a different representative for a particular matter, perhaps because of a conflict of interest between the guardian and the ward, without disturbing the guardian's other responsibilities over the ward's accounts, debts, and property under the rest of Section 3.

Related provisions

• Rule 96, Section 3 — Guardian to settle accounts, collect debts, and appear in actions for ward
• Rule 96, Section 2 — Guardian to pay debts of ward