Legal Question in Elder Law in New York

Should I appeal attorney fees

My brother bought a petition for guardianship for my mother and I cross petoitioned for guardianship and I won guardianship. The question I have is i hired an attoiney and it cot me $13,000 and the Judge asked my mother if she would like her OWN attorney and she said NO, but the Judge assigned her ttorney anywya ven though I had an atorney to gight my brother who bought thepe peition to Couer. Now my question is: The Judge has ordered that my mother pay the court appointed attorney (even thugh she has stated in court that she didnt want her own attorney) to pay the attorney $3,500.00. I don't think this is fair since my mother never wanted an attorney assigned to her and if she did she would have had her own attorney. Can this fee hbe disputed? Is my mother obligated to pay this attorney even though the Judge order her against my mother's wishes? I was appointed as legal guardian? Can I fight this attorney fee as I don't think it is rifht that my mother said he does not want an attorney ((as I already had an attorney to fight my brother's petition(). Why should why mother have to pay for an attorney that she never requested ? Can this be disputed or are fighting a losing battle


Asked on 9/21/08, 12:08 am

1 Answer from Attorneys
Richard Bryan Richard Bryan Attorney PC

Re: Should I appeal attorney fees

Don't even bother. The court properly assigned a lawyer to protect mom's interests. Mom's decision-making abilities are questionable; isn't that why you eventually were appointed as mom's guardian? The judge was correct to appoint an attorney to protect mom's interests, and now he or she has to get paid.

Good luck.

Rick Bryan

New York, NY

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Answered on 9/21/08, 12:48 pm


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