When can a guardian be held liable for their actions?

A guardian can be held liable for their actions when they fail to act in the best interests of the ward or violate fiduciary duties. Guardianship roles are established with the primary responsibility of protecting and promoting the well-being of the ward, who is typically a vulnerable individual unable to care for themselves. This legal and ethical obligation requires the guardian to make decisions that prioritize the welfare and best interests of the ward above all else.

If a guardian does not uphold these fiduciary responsibilities—such as not taking timely action to ensure the ward’s safety, health, or financial security—they open themselves up to liability. Violating fiduciary duties can include mismanagement of the ward’s finances, failure to provide necessary medical care, or any action that results in harm or detriment to the ward.

In contrast, making decisions based on personal interests or merely following family instructions does not automatically lead to liability unless those actions directly harm the ward or represent a breach of the guardian's legal obligations. Similarly, delegating responsibilities to others may be permissible as long as it’s done judiciously and with an understanding that the ultimate responsibility still lies with the guardian.