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I live in the state of Alabama and laws may be different. Has anyone ever had guardianship turned down by the courts? I am told there is a SLIM chance that she could be sent to a mental institution. I don't think this will happen because we have the means to bring her home. Any info would be helpful!

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I don't know the laws in your state, but I would think that if you prove that your loved ones needs a guardian, they will appoint you or another suitable party. The guardian would then decide where she would live. Normally, there is the guardian of the estate, the person or both.

Some charge a flat fee, but most charge by the hour and that amount can vary by state and locality. An experienced attorney my charge from $250. - $400. per hour or more. A new attorney may charge a lot less.

I would make sure your attorney knows what is required by the court so when you arrive you have the evidence you need to prevail.
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It depends. An estimate in northern va by an eldercare attorney was $8-10K for services, medical exams, evaluations, and court costs provided mom or other sib didn't contest. In my case mom would've fought, so the attorney thought we would likely have more than one court hearing. And since we were filing, it would come out of our pocket. We elected not to pursue.
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In some states, if the petitioner wins guardianship, they may ask the court to award them reimbursement for their attorney fees from the incompetent person's estate, if they are able to afford it.

In the south, legal fees are generally much less than in CA, IMO.
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I'm not been a Guardian/Conservator but have been an executrix twice and spend more hours in probate court than I ever would have thought. Probate is also where G/C hearings are held. Here's my take on G/G-
- cost about 5K - 10K if family is all in agreement & you really need an attorney in all this.
- whatever the situation, family need to present themselves as all kum-bay-ya at every hearing. Even if you have to bite your lip over your SIL. You do NOT want 1 of the absent siblings showing up at the hearing to pitch themselves as the G/C.
- the probate judges run a tight courtroom and they are very savvy. Any ? asked, need to be answered and directed to the judge. Don't speak unless asked a specific ? either.
- dress nicely & without anything that is distracting (noisy jewelry, flip flops) or too expensive looking. Cover tat's if you or your kids have them.
- realize that the court can run a background check on the G/C applicant. So if there is anything in your brothers or his wife's background that could be a problem (credit problems, unstable job, limited income, kids have juvee issues), the judge could appoint a temporary G/C from a list of persons already vetted by the court &/or the state that do guardianships.
- if family starts to fight or disagree during hearing, again the judge can appoint a temporary G/C and totally bypass any family in this. Judge run a tight courtroom and take no truck.

About the costs, if you can put together a "face sheet" on your mom that will cut down on some of the paralegal costs. The face sheet should have all the details with dates on your parents, DOB, all marriage & divorce details, all info on any of their kids (even from prior marriages); their will and any codicils; and paperwork on real property ownership (like Deed of Trust); any existing DPOA, MPOA and AD's.
If you have yourself all together, & have an experienced attorney, it should be pretty straightforward. Realize that there will be regular required by the court reporting from now till forever to be done. Ask the attorney what the fees would be for them to do this for you all for the first year and then after the first year your brother takes over doing this. It could be worthwhile and gives brother a blueprint for what to do that is correct & the way the judge likes it. Good luck.
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It will become very, very expensive if ANY siblings are not in agreement with the appointment.
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Do keep in mind that attorneys charge you for every phone call to them and sometimes, even every paper that they have to make a copy of. It is $1500 here, just for the first visit to an attorney. (Tucson)
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She is in the hospital now for evaluation and we are seeing an attorney on Thursday. We should have all the necessary documentation we will need. My brother is covering most of the costs but I am trying hard to keep that cost down.
He does well for himself and his wife but I hate that he is always having to deal with the financial end. He is not rich. I have 2 other siblings but I know they can't afford to contribute and I have already quit my job to take care of my Mom.
I have so much anxiety over this for him.
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