What action should a guardian take if they sell an asset that was specifically named in the ward's will?

If a guardian sells an asset that is specifically named in the ward's will, the most appropriate action is to offer the asset back to the beneficiary first. This approach respects the intent of the will and the wishes of the deceased regarding the distribution of their assets. By prioritizing the offer to the beneficiary, the guardian is acknowledging the deceased's intentions and allowing the beneficiary the opportunity to reclaim an asset that has personal significance or value.

This consideration is especially important in the context of professional guardianship, which emphasizes ethical responsibilities and adherence to the wishes of the ward as articulated in their will. Should the beneficiary choose not to accept the offer, the guardian can then proceed with the sale, but providing this initial opportunity is a critical practice in honoring the estate planning wishes the ward expressed while alive.

In circumstances where the asset is sold without consulting the beneficiaries or honoring the specific provisions of the will, it could lead to disputes or challenges, thus highlighting the importance of following this protocol.