Can we sue the legal guardian for malpractice or negligence?

[herald]

My mom has a Florida court appointed legal guardian for her health and financials. The guardian hired a day time nurse to take car of mom. This nurse was licenses but not insured or bonded. The nurse fell and hurt her knee in mom's house. The nurse then threaten to sue mom. The guardian settled to pay her medical and lost wages with moms money. 10k was lost to this. We have many emails prior stating our concern with her hiring choice in having this uninsured nurse taking care of mom. There is now an nursing agency in place as we wanted all along

Can we sue the guardian for malpractice or negligence now or after mom passes? Or since that she has been court appointed she is immune to prosecution

[darrick34]

It's not that she's immune, it's that you have no basis for a suit.

You can apply for guardianship of your Mom, then you can make all the decisions.

She didn't spend the money frivolously, she settled to avoid what would have been even higher legal fees. How could that possibly be considered negligent?

[delrico]

It's not that she's immune, it's that you have no basis for a suit.

You can apply for guardianship of your Mom, then you can make all the decisions.

She didn't spend the money frivolously, she settled to avoid what would have been even higher legal fees. How could that possibly be considered negligent?

Yeah, you can sue. Will you win though? Unlikely.