Your Authority and Obligations
As a court-appointed guardian, you have a fiduciary duty to act in the best interest of the incapacitated person (the ward). Selling their property requires court approval — you cannot simply list and sell the home on your own authority. The court ensures that the sale is necessary, the price is fair, and the proceeds are used for the ward's benefit.
Your guardianship order specifies the scope of your authority. Review it carefully with your attorney to confirm that property sales are within your granted powers. If not, you may need to petition for expanded authority before proceeding.
The Court Approval Process
To obtain court approval for a property sale, you petition the court with: an explanation of why the sale is necessary (typically to fund care, pay debts, or eliminate a financial burden), a current appraisal of the property, the proposed terms of sale (or a request for authority to list at market value), and an accounting showing how the proceeds will be used.
The court reviews the petition, may hold a hearing, and if satisfied, issues an order authorizing the sale. This process typically takes 30 to 60 days. Once authorized, you proceed with listing and selling the property like any other sale — but report the results back to the court.
Practical Considerations
Guardianship sales often involve properties where the ward lived alone and may not have maintained the home in recent years. Deferred maintenance, personal belongings, and sometimes hoarding conditions must be addressed before marketing. Budget for clean-out, minor repairs, and professional cleaning.
Work with an agent who understands guardianship sales and the court reporting requirements. The agent should be comfortable with the longer timeline, provide documentation suitable for court filing, and market the property in a way that maximizes value within the court-approved parameters.