Legal Question in Elder Law in New York

Court Appointed Attorney - Who pays?

My brother petitioned to be guardian for my mother. I then had to put in a petition also for guardian. The Court Evaluator said that my mother does not need a guardian for her person or property. The Judge asked my mother if she wanted her own attorney and my mother said No, but the Judge then gave her a court appointed attorney. Since my mother said she does not want an attorney, can I assume that my mother does not have to pay this attorney. It most likely looks like my mother will volunteer to have a guardian as long as she can pick the person she wants. My brother was on the witness stand and his lawyer was asking him questions, and the court evaluator objected and the Judge then saw my mother didn't have an attorney and got her one right there in the courtroom. Can the Court hold my mother responsible for paying the court appointed attorney?

Thank you for your replies.


Asked on 12/09/07, 4:13 pm

1 Answer from Attorneys

Pasquale Calcagno Calcagno & Associates, PLLC

Re: Court Appointed Attorney - Who pays?

This is a complicated matter. Please contact me at 1(800)WE-FIGHT or 1(718)WE-FIGHT for a free legal consultation.

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Answered on 12/16/07, 3:14 pm


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