Can a Guardian Be Sued for a Dependent Adult's Actions?

A guardian can be named in a lawsuit, but appointment as a guardian does not automatically make that person financially responsible for everything an adult does. Personal liability requires a recognized legal claim connected to the guardian’s own conduct, authority or breach of duty. The province, guardianship order, type of decision and facts of the loss all matter. “Dependent adult” is not a uniform legal category across Canada. Current legislation may use terms such as represented adult or incapable person. The correct analysis starts with the statute and order that created the decision-making authority. Guardian, trustee, attorney, representative and litigation guardian are not interchangeable labels.