Legal Question in Personal Injury in West Virginia

Guardian/Conservator acting pro se

this is a bit novel for me and I was wondering if you know whether or not a person who has been appointed as guardian/conservator of a protected person can bring a negligence suit against another person on behalf of the protected person and act pro se (does not being pro se limit it representing your own self?) thanks for the help in advance


Asked on 12/29/06, 3:29 pm

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Re: Guardian/Conservator acting pro se

Probably one could. The issue is whether or not you are practicing law. You could secure an opinion from the State

Bar Ethics Committee on the issue. The problem is that you have a fiduciary responsibility to your ward. If you make an error because you failed to consult counsel or hire a lawyer, you could be liable personally. It would seem foolish to take a serious risk if the matter is important or involves significant assets.

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Answered on 1/04/07, 8:06 am


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