Are Guardians Legally Liable for the Ward's Acts?

Brad Smith • September 24, 2020

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

Guardianship is a court-appointed individual to make day-to-day decisions of the ward such as housing, education, and healthcare. Conservatorship is a court-appointed individual that is given authority to control the financial decisions for the ward. In the state of Illinois, conservators and guardians are only able to take control in the event they are unable to do so themselves. In the court, closest family members are often appointed to these positions.

Guardianship and conservatorship, which can be held by the same person for both documents, allow the loved one to manage that person, or the ward’s, health, safety, and finances, respectively. However, guardianship is also about giving as much independence as possible while still giving them a safe, protected space to make decisions. This is often for a special needs individual where they are able to fully participate while you still make those bigger decisions in their best interest.

Sometimes a ward leaves the boundaries of what they should make decisions on. Making those decisions independently or under the influence of others is not healthy, wise or legal. If the ward commits a crime or has an accident is the guardian liable?

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.

Interested in Working with Us?

If you need any help regarding your business or other legal matters please reach out to us directly here and schedule a call with one of our paralegals on our scheduling page here.

< Older Post

Newer Post >

Interested in Working With Us?

If you need help with estate planning or any other legal concerns, we are here for you. Don't hesitate to contact our firm directly for assistance. Our dedicated team is ready to provide support and guidance to you and your loved ones during important life transitions.

Whether you're ready to schedule a strategy session to discuss your specific needs or if you're interested in exploring our wide range of complimentary guides and additional resources, we encourage you to get in touch with us.

With licensed attorneys and offices located in both Illinois and Missouri, we are well-equipped to serve clients in these regions. Reach out to us today and let us leverage our expertise and care to guide you through the legal process.