Can a Legal Guardian File for Wrongful Death?

TL;DR

Generally, a person’s status as a legal guardian, by itself, does not grant them the authority to file a wrongful death lawsuit for their deceased ward. State laws strictly define who can bring such a claim, typically limiting it to immediate family members (like a spouse or children) or the official personal representative of the deceased person’s estate. A legal guardian can file a wrongful death claim only if they are appointed by a probate court as the personal representative of the ward’s estate or if they independently qualify as a beneficiary due to a close family relationship, such as being the ward’s parent or grandparent.

Key Highlights

Guardianship Status is Insufficient: The legal authority of a guardian typically ends upon the death of the ward, meaning guardianship alone does not provide the standing to sue.
State Law Dictates Who Can File: Every state has specific wrongful death statutes that list the eligible parties, usually a surviving spouse, children, parents, or the estate’s representative.
The Personal Representative is Key: In many states, the personal representative (also known as an executor or administrator) is the only party who can file the lawsuit on behalf of the estate and its beneficiaries.
A Guardian Can Be Appointed: A legal guardian can petition the probate court to be named the personal representative, which would then give them the legal authority to file the claim.
Family Relationship Matters: If the guardian is also a close relative (e.g., a grandparent), they may be able to file based on their family connection, depending on state law.

The concept of a wrongful death claim is rooted in the idea that when a person dies due to the negligence or misconduct of another, the surviving family members deserve a path to seek justice and financial stability. These laws, established across all 50 states, provide a civil remedy separate from any criminal charges. According to data from the Centers for Disease Control and Prevention (CDC), unintentional injuries are a leading cause of death in the United States, with millions of incidents resulting from events like motor vehicle collisions, medical errors, and workplace accidents. Each of these preventable deaths leaves behind a void, creating significant emotional and financial hardships for loved ones.

Wrongful death statutes are designed to address these hardships by creating a legal framework for compensation. However, these laws are very specific about who is entitled to bring a claim. The legal system establishes a clear hierarchy of individuals who have “standing,” or the legal right, to file a lawsuit. This structure is intended to ensure that the claim is brought by those most directly affected by the loss. The primary beneficiaries are almost always the surviving spouse and children. If none exist, the right may pass to the deceased person’s parents or other dependent relatives. This strict order can create confusion in situations involving non-traditional family structures.

This brings us to the central question of a legal guardian’s role. A legal guardian is a person appointed by a court to care for another individual, known as a ward, who is unable to care for themselves, often a minor or an incapacitated adult. While a guardian holds immense responsibility for the ward’s well-being during their lifetime, their legal authority is not permanent. The termination of that authority upon the ward’s death directly impacts their ability to take legal action. Understanding the distinction between a guardian, a family beneficiary, and an estate’s personal representative is fundamental to determining who can rightfully pursue a wrongful death claim.

Not sure of your legal rights? Life Justice Law Group can help clarify your options.

Understanding the Foundation: What Constitutes a Wrongful Death Claim?

Before exploring who can file a lawsuit, it is essential to understand what a wrongful death claim is and what it requires. A wrongful death is a death caused by the “wrongful act, neglect, or default” of another party. This means the death would not have happened if not for the defendant’s actions or inaction. The purpose of the claim is not to punish the wrongdoer criminally (though a criminal case may happen separately) but to provide financial compensation to the surviving family members or the estate for the losses they have suffered.

To succeed in a wrongful death lawsuit, the filing party must prove four key elements:

Duty of Care: The defendant owed the deceased person a legal duty to act with reasonable care. For example, a doctor has a duty to provide competent medical care to a patient, and a driver has a duty to operate their vehicle safely to protect other road users.
Breach of Duty: The defendant failed to meet that standard of care. This is the “negligence” or “wrongful act.” A doctor misdiagnosing a fatal illness or a driver running a red light would be breaches of their respective duties.
Causation: The defendant’s breach of duty was the direct and proximate cause of the person’s death. The plaintiff must draw a clear line from the defendant’s action (or inaction) to the fatal injury.
Damages: The death resulted in quantifiable damages. These are the financial and emotional losses suffered by the surviving family members or the estate.

These claims can arise from a wide range of circumstances. Common examples include:

Medical Malpractice: A death caused by a surgical error, medication mistake, or failure to diagnose a condition.
Motor Vehicle Accidents: Fatalities resulting from a collision caused by a drunk, distracted, or reckless driver.
Workplace Incidents: A death occurring on the job due to unsafe conditions or employer negligence.
Defective Products: A fatality caused by a poorly designed or manufactured product, such as a faulty appliance or an unsafe vehicle part.
Premises Liability: A death that happens on someone else’s property due to a hazardous condition the owner knew about and failed to fix, like an unsecured swimming pool.

It is also important to distinguish between a “wrongful death action” and a “survival action.”

A wrongful death action is filed on behalf of the surviving family members to compensate them for their losses, such as the loss of financial support and companionship.
A survival action is filed on behalf of the deceased person’s estate to recover damages that the deceased could have claimed had they survived. This includes things like their pain and suffering before death and medical bills.

In many cases, these two actions are combined into a single lawsuit, but the damages are calculated separately and distributed differently.

Who Has the Legal Standing to File? The Hierarchy of Plaintiffs

The concept of “legal standing” is critical in any lawsuit. It means a person must have a legally recognized stake in the outcome of the case to be able to file it. In wrongful death cases, you cannot file a claim simply because you were emotionally affected by the death. State statutes create a specific and often rigid hierarchy of individuals who have legal standing. While the exact order varies from state to state, it generally follows a consistent pattern based on familial relationships.

The typical hierarchy of eligible plaintiffs is as follows:

Primary Beneficiaries: This group almost always has the first right to file. It includes:
- The Surviving Spouse: The deceased person’s legal husband or wife.
- Children: This includes biological and legally adopted children. In some states, stepchildren who were financially dependent on the deceased may also qualify.
Secondary Beneficiaries: If there is no surviving spouse or child, the right to file may pass to the next level of relatives. This often includes:
- The Deceased Person’s Parents: This is especially common in cases where the deceased was a minor child.
Other Relatives: In some jurisdictions, if no primary or secondary beneficiaries exist, other blood relatives or dependents might be able to file. This could include:
- Siblings
- Grandparents
- Anyone who was financially dependent on the deceased.

This structured approach prevents a flood of lawsuits from distant relatives or friends and ensures that any compensation goes to those who relied on the deceased for financial and emotional support.

The Role of the Personal Representative

A crucial figure in this process is the personal representative of the deceased’s estate. This person is also known as an executor (if named in a will) or an administrator (if appointed by the court). In many states, the personal representative is the only party with the legal standing to file the wrongful death lawsuit.

When this is the case, the personal representative does not act for their own benefit. Instead, they act as a fiduciary for the estate and its beneficiaries. They file the lawsuit on behalf of all the eligible surviving family members (the spouse, children, parents, etc.). Any money recovered from the lawsuit is then paid to the estate and distributed to the beneficiaries according to the state’s wrongful death statute or intestacy laws (the laws that govern inheritance when there is no will).

The personal representative is formally appointed by a probate court. This is a critical legal step that grants them the authority to manage the deceased’s final affairs, including paying debts, gathering assets, and pursuing legal claims on behalf of the estate.

The Role of a Legal Guardian: Rights, Responsibilities, and Limitations

To understand why a legal guardian’s ability to file a wrongful death claim is so limited, one must first understand the nature of guardianship itself. A legal guardian is an individual or institution appointed by a court to make personal and/or financial decisions for a minor or an incapacitated adult (the “ward”).

There are two primary types of guardianship:

Guardian of the Person: This guardian is responsible for the ward’s personal well-being. Their duties include making decisions about housing, education, and medical care. They essentially step into the role of a parent for a minor or a primary caregiver for an adult who cannot make these decisions for themselves.
Guardian of the Estate (or Conservator): This guardian is responsible for managing the ward’s finances. Their duties include paying bills, managing investments, and protecting the ward’s assets.

A person can be appointed as one or both types of guardian. The guardian’s authority is granted by a court order and is strictly defined by law. They have a fiduciary duty to act in the best interests of the ward at all times.

The most important limitation of guardianship in the context of a wrongful death claim is its duration. A legal guardian’s authority over their ward ends automatically and immediately upon the ward’s death. The court order that created the guardianship is no longer in effect because the person it was designed to protect is gone.

Because their legal authority is terminated, a guardian no longer has the power to make decisions or take legal action on behalf of the deceased ward. This is the fundamental reason why a person cannot file a wrongful death lawsuit based solely on their status as a former legal guardian. The legal standing to act for the deceased now shifts from the guardian to the personal representative of the deceased’s estate.

The Critical Connection: When a Legal Guardian Can File a Lawsuit

While guardianship status alone is not enough, there are specific legal pathways that allow a former legal guardian to initiate a wrongful death claim. These scenarios involve the guardian taking on a different legal role or having a pre-existing relationship that grants them standing.

Scenario 1: The Guardian is Appointed as the Personal Representative

This is the most common and legally direct method for a guardian to pursue a claim. After the ward’s death, the guardian can petition the local probate court to be appointed as the personal representative of the deceased ward’s estate. If the ward was a minor, they likely did not have a will, so the court would appoint an “administrator” to manage the estate.

As an interested party who was deeply involved in the ward’s life, the former guardian is often a logical choice for this role, especially if the ward’s parents are deceased or unavailable. The process involves:

Filing a petition with the probate court.
Notifying any other potential heirs or interested family members.
Attending a court hearing where a judge will review the petition.

If the court approves the appointment, it will issue “Letters of Administration” or “Letters Testamentary.” These official documents grant the guardian, now acting as the personal representative, the legal authority to manage all aspects of the estate. This authority explicitly includes the power to hire an attorney and file a wrongful death lawsuit on behalf of the estate and its beneficiaries. In this capacity, the individual is not acting as a guardian but as the estate’s legal representative.

Scenario 2: The Guardian is Also a Qualifying Family Member

In many cases, a legal guardian is also a close family member. For example, a grandparent may be the legal guardian of their grandchild, or an adult sibling may be the guardian of their incapacitated brother or sister. In these situations, the guardian may have legal standing to file a wrongful death claim based on their familial relationship, not their role as guardian.

Consider a case where a minor child, under the legal guardianship of his maternal grandmother, is killed in a car accident. The child’s parents are deceased. According to that state’s wrongful death statute, if a person dies with no surviving spouse, children, or parents, the right to file a claim may pass to their grandparents. In this instance, the grandmother could file the lawsuit in her capacity as the child’s grandparent. Her former status as a legal guardian strengthens her moral claim and demonstrates her close relationship, but her legal standing comes from her position in the family hierarchy defined by the statute.

Scenario 3: Acting for a Minor Beneficiary

There is another, more indirect role a guardian might play. Imagine a situation where a man is killed due to medical malpractice. He leaves behind a 10-year-old son. The man’s sister is the legal guardian of his son.

Under the law, the 10-year-old son is a primary beneficiary of his father’s wrongful death claim. However, as a minor, he cannot file a lawsuit himself. The lawsuit would be filed by the personal representative of the father’s estate. The guardian’s role here is to act on behalf of the minor son to ensure his interests are protected. She would work with the personal representative and the attorney to approve any settlement, as the funds recovered for the son would likely be placed in a protected trust or structured settlement that she, as his guardian, would help manage. So, while she isn’t the one filing the suit, she is a critical party in the legal process, advocating for the minor beneficiary.

The Legal Process: Steps for a Guardian to Initiate a Claim

For a legal guardian who believes they have a valid wrongful death case for their deceased ward, the path forward requires careful and deliberate action. The process is complex and must be handled correctly to preserve the right to seek compensation.

Step 1: Consult with an Experienced Wrongful Death Attorney The first and most important step is to speak with a lawyer who specializes in wrongful death litigation. These cases involve intricate state laws, probate court procedures, and strict deadlines. An attorney can evaluate the facts of the case, determine who has legal standing to file, and explain the necessary steps to move forward. This consultation should happen as soon as possible after the death.

Step 2: Open a Probate Estate As established, a wrongful death claim is tied to the deceased’s estate. The attorney will guide the guardian through the process of opening an estate in the appropriate probate court. This formal court proceeding is required to legally settle the deceased person’s affairs.

Step 3: Petition for Appointment as Personal Representative The guardian, with the help of their attorney, will file a petition with the probate court asking to be appointed as the personal representative (administrator) of the ward’s estate. The petition will explain the guardian’s relationship to the deceased and why they are a suitable candidate for the role. The court will consider any other interested parties, such as other family members, before making a decision.

Step 4: Obtain Letters of Administration Once the judge approves the petition, the court will issue official documents called Letters of Administration. These letters are the legal proof of the personal representative’s authority. With these documents, the newly appointed representative can open a bank account for the estate, gather assets, and, most importantly, file the wrongful death lawsuit.

Step 5: File the Wrongful Death Lawsuit With legal authority secured, the personal representative can formally file the complaint against the at-fault party or parties. The attorney will handle the drafting and filing of all legal documents, launching the litigation process. This includes investigating the death, gathering evidence, hiring expert witnesses, and negotiating with insurance companies.

Step 6: Distribute the Proceeds If the lawsuit is successful, either through a settlement or a court verdict, the compensation is paid to the estate. The personal representative is then responsible for paying any legal fees, medical liens, and other estate expenses. The remaining funds are distributed to the legal beneficiaries as determined by state law. The probate court will oversee and approve this final distribution to ensure it is done correctly.

Damages and Timelines: What to Expect in a Wrongful Death Action

A wrongful death lawsuit seeks to recover compensation for the various losses stemming from the death. These damages are typically categorized into economic and non-economic losses, and in rare cases, punitive damages.

Economic Damages: These are the tangible, financial losses that can be calculated with a degree of certainty. They often include:

Lost Income and Earning Capacity: The amount of money the deceased would have been expected to earn over their lifetime.
Loss of Support and Services: The value of the services the deceased provided, such as childcare, home maintenance, and financial management.
Loss of Inheritance: The amount the beneficiaries could have reasonably expected to inherit had the deceased lived a full life.
Medical Expenses: The cost of any medical care the deceased received for their final injury before they passed away.
Funeral and Burial Costs: The reasonable expenses associated with the funeral and burial or cremation.

Non-Economic Damages: These are the intangible losses that are harder to assign a specific dollar value to but represent the profound human cost of the death. They include:

Loss of Companionship, Society, and Consortium: Compensation for the loss of the deceased’s love, affection, guidance, and companionship.
Mental Anguish and Grief: The emotional pain and suffering experienced by the surviving family members.
Pain and Suffering of the Deceased: In a survival action, the estate can recover damages for the conscious pain and suffering the deceased endured before their death.

Punitive Damages: In some cases, if the defendant’s conduct was particularly reckless, malicious, or egregious, a court may award punitive damages. These are not intended to compensate the family for their loss but to punish the defendant and deter similar conduct in the future. Punitive damages are not available in all states and are typically difficult to obtain.

The Statute of Limitations

One of the most critical aspects of any wrongful death claim is the statute of limitations. This is a strict legal deadline for filing a lawsuit. Every state has its own statute of limitations for wrongful death, which is typically two or three years from the date of the person’s death.

If a lawsuit is not filed before this deadline expires, the right to pursue the claim is permanently lost, regardless of how strong the case may be. This is why it is absolutely essential for a guardian or any potential plaintiff to act quickly and consult with an attorney without delay. The clock starts ticking from the moment of death, and the time needed to open an estate and get appointed as a personal representative can be lengthy.

Find out if you can file, contact Life Justice Law Group today.

Conclusion

The death of a ward is a profound loss for a legal guardian who has dedicated their time and energy to providing care. When that death was caused by another’s negligence, the desire for accountability is a natural and just response. While the law does not permit a person to file a wrongful death claim based on their guardianship status alone, it provides clear and structured pathways for a determined guardian to seek justice. The key lies in understanding the legal distinction between a guardian and a personal representative.

By petitioning the probate court to be appointed as the personal representative of the ward’s estate, a former guardian can gain the legal standing necessary to file a lawsuit. This appointment transforms their role from a caregiver to the legal fiduciary of the estate, empowering them to act on behalf of all beneficiaries. Alternatively, if the guardian is a close family member, they may already have standing under their state’s laws. The process is methodical and requires adherence to both probate and civil court procedures, from opening an estate to distributing any recovered funds to the rightful heirs.

Given the complexities of wrongful death statutes and the unforgiving nature of the statute of limitations, time is of the essence. The emotional toll of losing a ward is immense, but hesitating to explore legal options can close the door to justice forever. If you are a legal guardian mourning the preventable death of your ward, your first and most critical action is to seek guidance from a qualified wrongful death attorney. They can provide the clarity and direction needed to navigate the legal system, honor your ward’s memory, and hold the responsible parties accountable. Contact us for free evaluation today, and let us fight for the justice your family deserves.