In an Elder Guardian action who pays for the attorney of the petitioner?
1 Answer from Attorneys
In Cook County (and I imagine most others), if the Petition is successful, the Estate will pay for the Petitioner's attorney. However, there are notable exceptions to this rule. For example, if two parties battle over who should be the Guardian, the Estate will not pay for fees associated with that battle -- and each Petitioner would have to cover those costs. Also, if the Estate lacks appropriate funds, the Petitioner must pay for his attorney's fees and the attorney's fees of any Guardian ad Litem or attorney appointed for the benefit of the alleged disabled person.
This brief overview touches on key issues, but is not comprehensive. I strongly advise you to fully discuss your situation with your attorney before filing a Guardianship action. Feel free to call me for a free consultation.
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