Article 1101 of Taiwan’s Civil Code on the guardian financial decision-making instructs the guardian to “act in the ward’s best interest” on Paragraph 1, and furthermore to “acquire court’s permission on disposition of the ward’s real property” on Paragraph 2 Subsection 1. It is on account that the value of real property is often large enough to affect ward’s life, it is never too careful to request for court’s double-check on the validity of the disposition and put a restriction on the guardian’s authority. Through examining cases, this study found that facing the guardian claim for sale or gift of the real property, courts in Taiwan elaborate “the best interest of the ward” with three standards, namely, the necessity of obtaining funds for living expenses for the ward, the improvement in condition of medical treatment or care, and lastly, the possibility of increasing economic profit. In fact, quite a part of guardians attempt to dispose ward’s real property from a viewpoint of family interest. In certain type of cases, such as the division of inherited property, courts consider the opinions of the ward’s family as more significant than personal and objective interest of the ward and hence permit guardian’s decision. However, family’s intent does not always conform to or vary from ward’s desires or values. This research analyzes whether family’s intent should be a factor of best interest and proposes to what extend could be respected. In light of more than 90% of guardians in Taiwan are served by ward’s family members, it is important to realize the problem and provide clearer guidance.
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