Lilygirl2727
Junior Member
What is the name of your state (only U.S. law)? Illinois
My husband has had guardianship of his adult son for the last 5 years due to a traumatic brain injury. The son agreed to it at first and he was placed in a residential care facility but after a few years he said he didn't want to be there anymore even though the doctors recommended he should stay and he started breaking the rules and causing problems and eventually "hired" a pro bono attorney to take my husband to court to break the guardianship. My husband represented himself because we can't afford a lawyer and because it was clear, according to the medical professionals, that he needed to be in the facility. All went well until my stepson's attorney dropped a bombshell in the case and said that the facility had neglected to have my husband secure a court order to keep my stepson in the facility. We were shocked because the facility said we had done all the right things to keep him there and that guardianship was all we needed to keep him there. The stepson's attorney said we were negligent and that we should have to pay all of my stepson's attorney fees....totalling 11,000 dollars. The judge said he didn't think my husband did it on purpose and that he made the best decision he thought he could make with the information we had. But he didn't rule about the money order. He gave us 60 days to get the order to keep the stepson in the facility and he would rule on everything after we had the proper documentation to keep him in the facility.
Well during this 60 days, my husband basically had had enough of being treated badly by his stepson and decided enough was enough and that his son could transfer his guardianship to his aunt, which is who his stepson preferred because she wasn't going to make him stay in the facility. So my husband hired an attorney of his own and they asked the judge to terminate his guardianship and give my stepson what he wants. Our lawyer told us it was highly unlikely that the judge would assign us fees since he already said my husband never intentionally did anything negligent. We contacted my stepson's attorney and said we would give up the guardianship if we didn't have to pay the fees. The probono attorney said he was in a "moral dilemma" because he didn't think the taxpayers should have to foot the bill for my husband's mistakes. I am wondering if he must get more money from my husband if he has to pay, then he would get from the state if the state had to pay. So he is trying to screw us over. Is that true? But anyway, he basically didn't agree.
So at the next court hearing, the guardianship was resigned and given to my stepson's aunt, but the judge said he wouldn't make a ruling about the fees until another hearing in 60 days. Which we were shocked by because we thought the judge would say right then and there that my husband wouldn't be responsible. Now my husband has to fill out financial papers stating every penny we make and all of our assets and we are really getting scared that we are going to have to pay these fees. My question is, is it likely that the judge will assign us these fees? Our attorney says he isn't sure,but he doesn't see how it can possibly go that way, but that he is going to check out some statutes and see what he can find out. He isn't really very familiar with this sort of situation. I am just really concerned because we have 5 other kids we are raising on one income and this could break us.
My husband has had guardianship of his adult son for the last 5 years due to a traumatic brain injury. The son agreed to it at first and he was placed in a residential care facility but after a few years he said he didn't want to be there anymore even though the doctors recommended he should stay and he started breaking the rules and causing problems and eventually "hired" a pro bono attorney to take my husband to court to break the guardianship. My husband represented himself because we can't afford a lawyer and because it was clear, according to the medical professionals, that he needed to be in the facility. All went well until my stepson's attorney dropped a bombshell in the case and said that the facility had neglected to have my husband secure a court order to keep my stepson in the facility. We were shocked because the facility said we had done all the right things to keep him there and that guardianship was all we needed to keep him there. The stepson's attorney said we were negligent and that we should have to pay all of my stepson's attorney fees....totalling 11,000 dollars. The judge said he didn't think my husband did it on purpose and that he made the best decision he thought he could make with the information we had. But he didn't rule about the money order. He gave us 60 days to get the order to keep the stepson in the facility and he would rule on everything after we had the proper documentation to keep him in the facility.
Well during this 60 days, my husband basically had had enough of being treated badly by his stepson and decided enough was enough and that his son could transfer his guardianship to his aunt, which is who his stepson preferred because she wasn't going to make him stay in the facility. So my husband hired an attorney of his own and they asked the judge to terminate his guardianship and give my stepson what he wants. Our lawyer told us it was highly unlikely that the judge would assign us fees since he already said my husband never intentionally did anything negligent. We contacted my stepson's attorney and said we would give up the guardianship if we didn't have to pay the fees. The probono attorney said he was in a "moral dilemma" because he didn't think the taxpayers should have to foot the bill for my husband's mistakes. I am wondering if he must get more money from my husband if he has to pay, then he would get from the state if the state had to pay. So he is trying to screw us over. Is that true? But anyway, he basically didn't agree.
So at the next court hearing, the guardianship was resigned and given to my stepson's aunt, but the judge said he wouldn't make a ruling about the fees until another hearing in 60 days. Which we were shocked by because we thought the judge would say right then and there that my husband wouldn't be responsible. Now my husband has to fill out financial papers stating every penny we make and all of our assets and we are really getting scared that we are going to have to pay these fees. My question is, is it likely that the judge will assign us these fees? Our attorney says he isn't sure,but he doesn't see how it can possibly go that way, but that he is going to check out some statutes and see what he can find out. He isn't really very familiar with this sort of situation. I am just really concerned because we have 5 other kids we are raising on one income and this could break us.
