Legal Question in Elder Law in Pennsylvania

Payment for Guardianship action

My Mother is in a nursing home in Chester County, PA. She gave my cousin Power of Attorney 2 months ago. The nursing home is refusing to recognise the Power of Attorney and has filed a petition for Guardianship. We have retained a lawyer but are not happy with him so far. I have been told that in cases such as this, if the defendant (my Mother) does not have assets, the County would pay her legal bills. Is this true?


Asked on 5/31/06, 2:54 pm

1 Answer from Attorneys

CHARLES WEINER Law Office of Charles Weiner

Re: Payment for Guardianship action

The court under all circumstances should appoint an attorney to represent the incapacitated person and if that person does not have assets, the county will pay that attorney's fee. That attorney is required to represent the best interests of your father. You are also allowed to hire your own attorney. That attorney, however, is representing you and your interests and not necessarily your father's interests.

Should you have any questions, feel free to contact me.

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Answered on 5/31/06, 3:15 pm


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