• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can guardian be sued for ward's debt?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

ajinaz

Member
What is the name of your state (only U.S. law)? Arizona
My mother passed in May. She was the only signer on the lease for her small duplex. She lived with my two adult brothers. One of them is fully and permanently mentally disabled and the other is unable to work. I was named executor of the small estate and payed off a few medical bills. The estate is now depleted. I was also named legal guardian of my disabled brother. The landlord agreed to allow them to stay without a new lease. The rent and other bills were paid by my disabled brothers SSI and me pitching in around $150 a month.
On September 1 the landlord told me she was doubling the water charge to my brother with no valid explanation. My brother would not be able to pay this. I sent her a letter telling her my brother did not accept these terms, he would be vacating the home in 30 days and he could not afford to pay the rent for October because he needed the money for a security deposit on a new place. I also informed her that she was in violation of Arizona law and demanded a full accounting of the water meter readings for the property which should have been provided on every bill.
She has not responded to my letter but she is telling other tenants that she is going to sue me for the rent. Can a legal guardian be sued in a case like this?
 


latigo

Senior Member
No.

A guardian is not liable for debts solely and separately incurred by the ward.

Nor does the legal relationship render the guardian vicariously accountable for any acts of the ward.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top