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xartzian Asked October 2014

Why is the AIP obligated to pay the legal bills of the person who has tried to be named legal guardian?

I am the POA and for both my father & mother. My sister sued for guardianship for my father by alleging that I have been "misappropriating" his money. Which was not true, during the hearing, it was not determined that he was in capacitated and that he totally trusted me to handle his financial affairs, which I have been doing for over 20 years. However, the court determined him to pay for not only my sister's expensive lawyer, but to pay for the other court appointed lawyers as well. Why should my dad, who is on a fixed income, now have to pay for this frivolous legal action? This action was nothing more than an attempt of a money grab? I have been taking care of my parents who I live with. What are my legal options? Can I sue her for defamation?

xartzian Oct 2014
My sister and her lawyer dropped the action before the hearing in exchange that I agree to provide a cash flow account of his finances for the last 3 years. However, then they said that my dad is responsible for all the legal fees. Why? he was not found to be "incapacitated". Nor did she prove the horrible accusations against me. The reason why I think they decided to drop it is because they had to prove both. However, I was told that due to some statute in the law, the AIP, my dad, is responsible to pay these fees which total about $14000. Why should he have to pay this?

MaggieMarshall Oct 2014
Forget about suing. People are allowed to bring things to court. It's not defamation to testify to things in a courtroom. The mere fact that the judge had dad's money pay for legal fees says it wasn't frivolous.

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pamstegma Oct 2014
Read the decision carefully. Doesn't sound right.

PrettyGood Oct 2014
what? that doesn't sound right at all. if someone loses a case (your sister) then usually they have to pay all the legal bills. or maybe there is some weird law out there that sticks the innocent party with the bill.....

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