Re: Legal Opinion regarding whether the Guardian of a minor can give a personal guarantee on behalf of the minor.
We refer to our telephone conversation on February 22, 2007 and our Legal Opinion dated February 01, 2007 on the above subject.
In our telephone conversation, you have requested us to give our legal opinion as to whether Mr. x, the Guardian of two minors being Mr. A and Mr. B, can give a personal guarantee on behalf of the minors.
We are of the opinion that a Personal Guarantee from Mr. x on behalf of Mr. A and Mr. B will not be legally enforceable because the minors on whose behalf he is giving the Personal Guarantee are themselves not competent to give the Personal Guarantee. In the event, Mr. x fails to perform the obligations under the Personal Guarantee, the beneficiaries of the Personal Guarantee will not be able to enforce the Personal Guarantee against the minors.
If you have any further query, please do not hesitate to contact the undersigned.
For: “The Lawyers & Jurists”