What Rights Does a Guardian Have to Sue for a Ward

**Badger101** · 08-19-2011, 06:36 PM

My question involves guardianship in the State of: Colorado My aunt/godmother/ward passed away last month because of a fall she took in the hospital. They knew she was a fall risk and left her sitting in a chair unattended. She fell and got a hematoma which killed her - it's on the death certificate. Do I have the right to sue the hospital since I was her legal guardian at the time? I have not terminated conservatorship or guardianship because I want to know the answer to this questions first. Your input is appreciated.

**Dogmatique** · 08-19-2011, 06:38 PM

How did the hematoma kill her?

What was the actual cause of death? ("hematoma" would not be the CoD)

(There is a reason why I'm asking).

**Mr. Knowitall** · 08-20-2011, 09:04 PM

The guardianship ended with the death of the ward. Any right to file a wrongful death claim belongs to the estate.

**ronlitton** · 08-28-2011, 05:39 AM

I can't speak to the law in Colorado, but I'd be surprised if it's very different than here in Florida. Here, your guardianship was automatically terminated by the death of the ward. If you are also the ward's Executor, charged with handling her will and estate, then you may be able to sue in that capacity, but not as Legal Guardian. As Executor of the will (in Florida), any needed lawsuit costs would be for payment from the money of the estate, not your personal monies. You could also sue as a relative and private citizen, whether you are Executor or not, but the costs of the suit would be entirely on you (ask the attorney to also sue for payment of the costs of the suit). As Executor, if you win, the award goes to the estate, not to you personally, and is then disbursed to the heirs named in the will. This, again, is how Florida law works, and may be different in Colorado. I am NOT an attorney, and make no representation that this is legal advice, simply sharing information.

**Mr. Knowitall** · 08-28-2011, 09:01 AM

You can sue somebody in you capacity as an individual for injuries they have caused you to suffer, but you can't sue in your individual capacity for damages suffered by another person.