Counsel to petitioners in guardianship matters should specifically advise clients that they may be personally liable for the fees of court appointees. The filing of a guardianship proceeding triggers the appointment of a court evaluator and possibly court appointed counsel for the alleged incapacitated person (AIP). The appointees will submit fee requests at the conclusion of the case and in certain circumstances the petitioner could be personally liable for all or a portion of the fees.

When Should a Guardian Be Appointed?

In a guardianship proceeding, the plaintiff must prove by clear and convincing evidence that the AIP is likely to suffer harm because she is unable to provide for her personal or property needs and does not adequately understand and appreciate the nature and consequences of her limited abilities.

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