Are costs awarded against a litigation guardian in the case of a person under disability?

In the context of litigation involving a person under disability, a litigation guardian serves as a representative to handle the legal matters for that individual. The correct understanding is that litigation guardians are not personally liable for costs incurred during legal proceedings aimed at protecting the rights and interests of the person they represent.

This principle recognizes the protective role of the litigation guardian, emphasizing that the financial consequences of litigation should not fall on someone who is acting in good faith to support another's legal needs. The system is designed to ensure that those unable to advocate for themselves, due to disability, do not face additional burdens or disincentives from pursuing their claims.

This underscores the importance of having a litigation guardian as a safeguard, ensuring access to justice for individuals who may otherwise struggle to navigate the legal system due to their circumstances. Underlying this framework is the notion that personal liability for costs should remain distinct from the actions of the incapacitated individual during litigation.