Legal Question in Civil Litigation in Missouri
A good friend of mine was appointed a guardian after a severe head injury & while he was under the guardianship she did not take care of credit card bills as she was suppose to do & now after several years they are tring to take him to court for a huge amount of money & he is on diasability & should he be liable or shouldn't she if she was over all his bills at the time?
1 Answer from Attorneys
The guardian does not become the debtor of the protectee's (injured person) debts. She does not owe them ever. But, if she mishandled the assets of the protectee, then she may be liable for losses that the protectee suffered due to her mismanagment. In order to prevail, the man would have to show that he had adequate assets to pay all his bills while she was handling his affairs. If she chose to pay bill A (not credit card) and there was not enough money to also pay bill B (credit card) debt, then under the facts you described, she probablby would not be found to have mishandled the assets.
Good luck
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