Does a guardian ad litem have capacity to enter into a contract?
California, United States of America
The following excerpt is from Scruton v. Korean Air Lines Co., 39 Cal.App.4th 1596, 46 Cal.Rptr.2d 638 (Cal. App. 1995):
Additionally, just as a minor lacks capacity to enter into a contract, the guardian ad litem lacks contractual capacity to settle litigation without endorsement of the court. As with any other contract where one party lacks capacity, or a necessary contractual formality has been ignored, the contract is voidable until the defect is remedied. (Dacanay v. Mendoza, supra, 573 F.2d at p. 1080.)
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