What happens if a litigation guardian fails to act in the best interest of the person under disability?

When a litigation guardian does not act in the best interest of the person under disability, there are serious implications for their role and responsibilities. Holding them liable for costs is an important measure in ensuring accountability. A litigation guardian has a fiduciary duty to act in the best interests of the person they represent, especially when that individual cannot fully represent themselves due to a disability.

If they fail in this duty, it may lead to financial repercussions such as being ordered to pay legal costs incurred as a result of their negligence or poor decision-making. This acts as a deterrent for guardians and emphasizes the level of responsibility entrusted to them. The system aims to protect vulnerable individuals by ensuring that those who fail to fulfill their obligations can face consequences, thus reinforcing the importance of acting in the best interest of the person under disability.

Other options may involve reporting to the court or receiving warnings, but they do not directly address the financial accountability and impact of not adhering to the guidelines laid out for litigation guardians. The focus on costs emphasizes not only personal accountability but also the potential for remediation for the individual under disability who may have been adversely affected by the guardian's actions.