QUESTION
Who pays when requesting guardianship?
Asked on May 21st, 2013 on Estate Planning - Delaware
More details to this question:
My sister sought temporary guardianship of my mother. At the hearing for permanent guardianship, she had an attorney and I did not. I had to fight to also be a guardian. She finally agreed I could be a co-guardian after I endured her excuses why I couldn't. However, when I checked mom’s wards account, it was short. I never saw the attorney bill and she wrote the attorney the check from mothers (ward) account without my knowledge. Ward is on social security and can’t afford this.
10 ANSWERS
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Normally, in a successful guardianship proceeding, the ward's estate pays the costs of the attorney fees and costs. That seems consistent with what has taken place in your situation.
Answered on May 24th, 2013 at 1:04 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Generally, it is the estate of the ward that pays all fees associated with the guardianship.
Answered on May 24th, 2013 at 1:04 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Assuming the bill to the attorney was paid in full, your sister could pay the attorney out of your mother's funds, as an expense of the legal proceeding.
Answered on May 24th, 2013 at 1:04 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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In Oregon, a guardian must petition the court for the authority to pay her attorney fees out of the funds of the protected person. Notice of the motion would have been mailed to you, with an opportunity to object.
Answered on May 23rd, 2013 at 3:12 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Generally the ward pays all costs of guardianship. However if you are co-guardian and you did not approve you can ask your sister for an accounting. If she does not give one you can file a motion in court for an accounting and let the court decide.
Answered on May 23rd, 2013 at 3:12 PM
Your only recourse is to file a motion for a hearing in front of the Judge demanding reimbursement to the ward's account. But, if she was successfully appointed as a guardian, you will probably lose.
Answered on May 23rd, 2013 at 3:12 PM
3 Awards
In Nevada, attorney's fees are only to paid form the Ward's money after the court approves the same. The court will generally approve the fees of a successful candidate.
Answered on May 23rd, 2013 at 3:11 PM
Sanford M. Martin
The ward or ward's estate is responsible for paying the costs of guardianship because the ward is the prime reason for such hearing. Unless there was a previous instruction for paying the costs, it appears that your sister was not violating any law by using the ward's funds to pay such costs. If you were not co-guardian at the time such hearing was scheduled, you perhaps were not involved in arranging for an attorney, but you should be involved as a co-guardian in the future
Answered on May 23rd, 2013 at 3:10 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Normally the disabled person. If they have no money sometimes the Court will allow it to be taken from their funds.
Answered on May 23rd, 2013 at 3:09 PM
2 Awards
The "ward's" estate is responsible for those fees.
Answered on May 23rd, 2013 at 3:09 PM