Are Guardians Legally Liable for the Ward's Acts?

When parents or other loved ones decide to seek guardianship and/or conservatorship, they are doing so because a family member of theirs cannot make critical decisions on their own.

The Needs and Responsibilities of a Guardian

The Liability of Guardianship

Families that choose to seek guardianship sometimes have reservations. If the potential ward has a history of violence or reckless behavior, this can cause worry about legal or financial liability of their own. The truth of the matter is, some guardians have great difficulty in effectively managing the ward. Because of this, guardians are not legally or financially liable for their wards’ actions in most cases. If the guardians are fulfilling their role in good faith, the structures of guardianship protect them. 

Conservators must also act in good faith when managing their ward’s finances such as their assets and property. A conservator may be held responsible for a ward’s financial losses only if the conservator directly violates his or her fiduciary duty. Most families do combine the two roles into one, giving a single person as guardian/conservator role. If finances are a source of conflict, or if the guardian does not feel comfortable handling them, a third party may be selected as conservator. 

Considering whether to file for guardianship and/or conservatorship is a big decision with many factors. In most cases, concern for personal liability doesn’t need to be a significant consideration or a major concern when becoming the guardian or conservator. 

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