Actions by or against Guardian

The guardian can sue in the name of the ward.  A guardian can sue only in the court in which s/he was appointed.  A judgment against a guardian in his/her representative capacity binds the estate of the ward but does not bind the guardian or the ward personally.

Ordinarily, a guardian may require the ward to work and apply the earnings towards the ward’s own support.  In his/her representative capacity, the guardian will be liable for necessaries furnished to the ward by third parties when s/he neglects or refuses to supply the ward with such necessaries.  The guardian alone will be liable when s/he makes a contract in excess of his/her authority.  A guardian is liable to his/her ward for any damages arising from any breach of trust or omission of duty on his/her part.  A guardian is bound by law to file proper statements of his/her accounts at certain definite times.  Any person aggrieved by a settlement of a guardian may come into court and file exceptions.

If a guardian deals with the property of the ward for his/her own advantage it is a considered fraud and will be set aside by the court without proof of actual fraud.  Moreover, in the absence of special statute authorizing otherwise, a guardian cannot bind the ward by any agreement of compromise without the permission of the court.


Inside Actions by or against Guardian