Can a guardian sue to recover money an abusive family member already took from an incapable relative?

Yes. A guardian of property has both the authority and generally the responsibility to pursue recovery of money or property improperly taken from the incapable person they represent, since protecting and, where possible, restoring the estate they manage is part of the guardian's fiduciary role. This can include bringing a civil claim against the family member who took the funds, based on legal theories such as breach of trust, unjust enrichment, or an accounting for misused property, depending on how the funds were taken and what role, if any, the family member had (such as a former attorney under a power of attorney).

Recovering the funds in practice depends on real-world factors like whether the money can be traced, whether the family member has assets to satisfy a judgment, and how strong the available evidence is. A guardian considering this kind of claim should weigh the likely cost and time of litigation against the realistic prospect of recovery, and should also be mindful of the applicable limitation period, which generally requires claims to be started within a set time after the claim is discovered. Get legal advice promptly to assess the claim's strength and any time limits that may apply.