A general guardian or guardian in socage shall safely keep the property of his ward that shall come into his custody, and shall not make or suffer any waste, sale or destruction of such property or inheritance, but shall keep in repair and maintain the houses, gardens and other appurtenances to the lands of his ward, by and with the issues and profits thereof, or with such other moneys belonging to his ward as shall be in his possession; and shall deliver the same to his ward, when he comes to full age, in at least as good condition as such guardian received the same, inevitable decay and injury only excepted; and shall answer to his ward for the issues and profits of the real estate, received by him, by a lawful account, to be settled before any court, judge or surrogate having authority to settle the accounts of general and testamentary guardians; and any order, judgment or decree in any action or proceeding to settle such accounts may be enforced to the same extent, and in like manner as in the case of general and testamentary guardians. If any guardian shall make or suffer any waste, sale or destruction of the inheritance of his ward, he shall lose the custody of the same, and of such ward, and shall be liable to the ward for any damage caused thereby.
8 Bender’s Forms of Pleading § 109.01
A guardian may be liable for the negligent maintenance or control of a ward’s real property. Domestic Relations Law § 83 clearly provides that a general guardian, or a guardian “in socage,” as defined in DRL § 80, has the power and duty to take possession of the real property of his ward. See generally In re Estate of Seviroli, 5 Misc. 3d 1031A, 799 N.Y.S.2d 164 (Sur. Ct. Nassau County 2004). The statute further requires the guardian to keep the property and its structures, gardens, and appurtenances in good repair. Rents or profits derived from the property, and any other funds of a ward that are in a guardian’s possession may be used to repair and maintain the property. DRL § 83. When a ward reaches his majority, the property must be returned to him in at least as good condition as it was received by a guardian, subject of course to normal wear and tear or decay. DRL § 83. A guardian must answer to his ward, by an accounting, for any profits or rents generated by the property; a guardian is personally liable for any waste, unlawful sale, or destruction of the property. DRL § 83.