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court appointed attorney

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ninalou

Member
What is the name of your state (only U.S. law)? Pennsylvania

From May -June this year, my father has been in and out of the hospital. July 4 this year, he had a stroke and obviously was not able to come home. The hospital tried to send him to a nursing home for rehab, but there turned out to be issues because he was not properly prepared by the social worker or doctors. (they told him rehab would be like in the past - which if they asked him about to him meant he was going home and would drive himself.) He lives alone and I am his only child. I was not informed he was leaving until he called me to pick him up. I told the hospital to not send him because there would be problems. They didn't agree. That night the nursing home had to send him back because he became hysterical. My father then refused to leave the hospital.

After that, the hospital said they wanted to have me be appointed guardian (to get him to leave the hospital.) No one ever told me what was involved. We went to court, on the day of court, they appointed him an attorney. She spent maybe an hour that day with both him and me. My father does have vascular dementia so it is a good thing I was appointed guardian (I already was poa.)

One important thing to keep in mind is, if the hospital (social workers/nurses) took the time with my father to properly prepare him for the transition, we never would have needed to go to court to pursue guardianship. (My father was perfectly fine when I prepared him for the move out.)

Anyway, I then got a message from her on my answering machine telling me she had forwarded me a bill for services. I didn't think anything of it until I saw the cost for services. ($1400 for how little work she did is outrageous.) My father is not a rich man. Mind you, I have no problem with her getting paid for her work. However, my thoughts are, should I not have been informed of these costs prior to her appointment? After I was appointed guardian, I obtained my own elder law attorney who is helping me with paperwork and his fees are nothing like the above.

I also feel the hospital was at fault because the social workers really didn't do their job. (It's actually much more involved with their incompetence.) Nonetheless, If I was told that my father needed representation for court, would have found one ahead of time - and researched the costs associated. I asked a few friends and they all said they thought court appointed attorneys were paid for by the state.

This is all new to me so my question is, who is responsible for paying a court appointed attorney. Please know, if I should pay her, I will do so. I just don't like surprises and this was a cream pie in the face of which could have been prevented.

Thank you in advance for any input.
Ninalou
 


BlondiePB

Senior Member
What is the name of your state (only U.S. law)? Pennsylvania

From May -June this year, my father has been in and out of the hospital. July 4 this year, he had a stroke and obviously was not able to come home. The hospital tried to send him to a nursing home for rehab, but there turned out to be issues because he was not properly prepared by the social worker or doctors. (they told him rehab would be like in the past - which if they asked him about to him meant he was going home and would drive himself.) He lives alone and I am his only child. I was not informed he was leaving until he called me to pick him up. I told the hospital to not send him because there would be problems. They didn't agree. That night the nursing home had to send him back because he became hysterical. My father then refused to leave the hospital.

After that, the hospital said they wanted to have me be appointed guardian (to get him to leave the hospital.) No one ever told me what was involved. We went to court, on the day of court, they appointed him an attorney. She spent maybe an hour that day with both him and me. My father does have vascular dementia so it is a good thing I was appointed guardian (I already was poa.)

One important thing to keep in mind is, if the hospital (social workers/nurses) took the time with my father to properly prepare him for the transition, we never would have needed to go to court to pursue guardianship. (My father was perfectly fine when I prepared him for the move out.)

Anyway, I then got a message from her on my answering machine telling me she had forwarded me a bill for services. I didn't think anything of it until I saw the cost for services. ($1400 for how little work she did is outrageous.) My father is not a rich man. Mind you, I have no problem with her getting paid for her work. However, my thoughts are, should I not have been informed of these costs prior to her appointment? After I was appointed guardian, I obtained my own elder law attorney who is helping me with paperwork and his fees are nothing like the above.

I also feel the hospital was at fault because the social workers really didn't do their job. (It's actually much more involved with their incompetence.) Nonetheless, If I was told that my father needed representation for court, would have found one ahead of time - and researched the costs associated. I asked a few friends and they all said they thought court appointed attorneys were paid for by the state.

This is all new to me so my question is, who is responsible for paying a court appointed attorney. Please know, if I should pay her, I will do so. I just don't like surprises and this was a cream pie in the face of which could have been prevented.

Thank you in advance for any input.
Ninalou
The ward's money is used to pay the court appointed attorney. With that in mind, most states have a flat fee for the court appointed attorney for the alleged incompetent. That fee is no where near the amount you stated.

Ask your attorney about this.
 

ninalou

Member
Thank you!!!

Dear BlondieBP and Senior Judge,

Thank you both for your reply!

I am going to meet with my attorney this week and will get his opinion as well. I would have been comfortable (and would not have questioned) a lesser flat fee as you described. My concern came from when I saw itemization and large dollar amounts (for itmes I am not sure were even applicable) - Basically, the hospital did the paperwork, she just agreed with them.

It just seemed to me someone trying to take advantage of an incapacitated person and a person trying to help him (me) who doen't know enough to question.

If she is due this money, I will make sure she is paid. I am not trying to get out of paying a bill, I just don't know if it is truly legit.

Thank you again!!! :)

Ninalou (state is PA)
 

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