- 19-Apr-2025
- Healthcare and Medical Malpractice
Yes, a guardian can initiate legal proceedings for damages on behalf of a ward, but there are certain conditions and legal authority that must be in place for the guardian to do so. The guardian must be acting in the best interests of the ward and may need court approval in some cases, depending on the jurisdiction and the nature of the claim.
A guardian is appointed to make decisions for a minor or an incapacitated adult who is unable to manage their own affairs, including legal matters. As part of their responsibilities, a guardian can take legal actions to protect the ward’s rights and seek redress if the ward has suffered harm.
The guardian’s authority generally includes pursuing compensation for personal injury, property damage, or other forms of harm that the ward may have experienced. The guardian can represent the ward in various legal matters, including civil cases such as tort claims (for damages from negligence, injury, or malpractice).
A guardian has a fiduciary duty to act in the ward’s best interests, which includes seeking legal redress for damages caused to the ward. This duty obligates the guardian to take reasonable steps to protect the ward’s financial, emotional, and physical well-being. Initiating a lawsuit for damages can be part of fulfilling this duty, especially if the ward has been harmed by someone else’s negligence, wrongful conduct, or breach of duty.
A guardian can initiate various types of legal proceedings on behalf of the ward, such as:
While a guardian generally has the authority to initiate legal proceedings for damages, in some situations, they may need court approval before filing the lawsuit. For example, when a guardian is seeking damages on behalf of a ward in a personal injury case, the court might need to approve a settlement, especially if the settlement amount is large or if it involves a minor.
In some jurisdictions, if the damages or compensation are substantial, the guardian may need to submit a petition to the court for approval of any financial settlements or claims involving the ward’s property or compensation.
The specific type of guardianship (e.g., guardian of the person or guardian of the estate) may influence the guardian’s ability to pursue certain types of legal claims. For example:
The type of guardianship may determine whether a guardian can seek compensation for non-financial damages (such as pain and suffering) or only for tangible financial losses.
In pursuing legal proceedings, the guardian will typically need to hire an attorney to represent the ward in court. The attorney will file the necessary paperwork, prepare the case, and advise the guardian on how to proceed with the claim.
If a settlement offer is made, the guardian may need to evaluate whether the settlement is in the ward’s best interests. In some cases, especially when the ward is a minor, the settlement may need to be approved by a court to ensure that the compensation is used for the ward’s benefit.
For a minor ward, a guardian has more clear-cut authority to file legal proceedings for damages, as minors cannot generally file lawsuits on their own behalf.
For an incapacitated adult ward, the guardian may need to demonstrate that pursuing legal action is in the ward’s best interest, and that the ward cannot independently make decisions regarding their legal rights due to their condition.
If a child (the ward) is injured in a car accident due to the negligence of another driver, the guardian can file a personal injury claim on the child’s behalf. The guardian may seek compensation for medical expenses, pain and suffering, and any long-term impacts on the child’s quality of life.
If a ward’s property, such as their home or belongings, is damaged in a fire caused by a neighbor’s negligence, the guardian can pursue a lawsuit for property damage and compensation on behalf of the ward.
If a ward (who is unable to make medical decisions) is harmed due to a healthcare provider’s malpractice, the guardian can initiate a medical malpractice lawsuit seeking compensation for the ward’s injuries, medical costs, and suffering.
A guardian has the legal authority to initiate legal proceedings on behalf of the ward, especially in cases involving personal injury, property damage, or wrongful death. The guardian must act in the ward’s best interests, and in some cases, court approval may be required, particularly for large settlements or claims involving minors. Guardianship laws ensure that the ward’s rights are protected while providing a guardian the legal tools to seek appropriate compensation or redress for harm suffered by the ward.
Answer By Law4u Team
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