I live in the state of Alabama and laws may be different. Has anyone ever had guardianship turned down by the courts? I am told there is a SLIM chance that she could be sent to a mental institution. I don't think this will happen because we have the means to bring her home. Any info would be helpful!
Some charge a flat fee, but most charge by the hour and that amount can vary by state and locality. An experienced attorney my charge from $250. - $400. per hour or more. A new attorney may charge a lot less.
I would make sure your attorney knows what is required by the court so when you arrive you have the evidence you need to prevail.
In the south, legal fees are generally much less than in CA, IMO.
- cost about 5K - 10K if family is all in agreement & you really need an attorney in all this.
- whatever the situation, family need to present themselves as all kum-bay-ya at every hearing. Even if you have to bite your lip over your SIL. You do NOT want 1 of the absent siblings showing up at the hearing to pitch themselves as the G/C.
- the probate judges run a tight courtroom and they are very savvy. Any ? asked, need to be answered and directed to the judge. Don't speak unless asked a specific ? either.
- dress nicely & without anything that is distracting (noisy jewelry, flip flops) or too expensive looking. Cover tat's if you or your kids have them.
- realize that the court can run a background check on the G/C applicant. So if there is anything in your brothers or his wife's background that could be a problem (credit problems, unstable job, limited income, kids have juvee issues), the judge could appoint a temporary G/C from a list of persons already vetted by the court &/or the state that do guardianships.
- if family starts to fight or disagree during hearing, again the judge can appoint a temporary G/C and totally bypass any family in this. Judge run a tight courtroom and take no truck.
About the costs, if you can put together a "face sheet" on your mom that will cut down on some of the paralegal costs. The face sheet should have all the details with dates on your parents, DOB, all marriage & divorce details, all info on any of their kids (even from prior marriages); their will and any codicils; and paperwork on real property ownership (like Deed of Trust); any existing DPOA, MPOA and AD's.
If you have yourself all together, & have an experienced attorney, it should be pretty straightforward. Realize that there will be regular required by the court reporting from now till forever to be done. Ask the attorney what the fees would be for them to do this for you all for the first year and then after the first year your brother takes over doing this. It could be worthwhile and gives brother a blueprint for what to do that is correct & the way the judge likes it. Good luck.
He does well for himself and his wife but I hate that he is always having to deal with the financial end. He is not rich. I have 2 other siblings but I know they can't afford to contribute and I have already quit my job to take care of my Mom.
I have so much anxiety over this for him.