Questão jurídica principal
Whether the curator’s set-off of his own fees against the ward’s social benefits was admissible and whether it caused compensable damage
Decisão extraída
The Court held that the alleged misuse of the benefits did not exclude damage as a matter of law; if the claimed fees were not fully admissible, the ward’s estate could have suffered damage equal to the excess. The case had to be sent back for a damage assessment.
Fundamentação extraída
Even if the benefits had to be used exclusively for the ward’s maintenance and could not be set off, the existence of damage depends on whether the curator’s claim was actually due and in what amount. If his fees were lower than the amount deducted, the ward’s estate was diminished by the difference.