Guardian Liability for Acts of Dependent Adults

An Alberta couple serves as guardians for a dependent adult with a mental disability, a role they have held for many years. The Public Trustee of Alberta acts as the dependent adult's trustee. Recently, both guardians have experienced significant health challenges: the husband suffered a stroke and the wife received a cancer diagnosis. Although they have home care support, their advancing age combined with their health conditions has made it increasingly difficult to provide adequate care for the dependent adult.

The dependent adult regularly volunteers at a community soup kitchen in Alberta. One afternoon, while volunteering at the soup kitchen, the dependent adult left an oven on unattended. The resulting fire destroyed the building. The guardians are uncertain whether the soup kitchen carries any form of coverage for property damage. They are now concerned about whether the dependent adult may face legal liability for the fire and the destruction of the building, and what implications this might have for the dependent adult's estate, the guardians' responsibilities, or any claims that might be brought against the dependent adult.