Guardianship Fee Dispute
A Pennsylvania guardianship fee dispute lawyer is a person that you must contact when you suspect that a guardian appointed to represent the best interests of someone else has failed to do so and has put their personal desires ahead of their fiduciary duty to represent the person they were intended to protect.
As with other important roles in the closing of an estate, a guardian is entitled to receive compensation for services provided. But what happens if that fee is way too high? People who are interested in protecting the assets of the person who requires guardianship can raise concerns that might lead to legal action.
Guardianship is recommended for those people who are unable to make decisions or carry out certain actions on their own, but guardianship is a very important and sometimes complicated role. In fact, what is going on between the guardian and the person for whom the guardianship was established might not be fully known to anyone except the two people involved in that relationship. This makes it very challenging when you think that you need the support of a Pennsylvania guardianship fee dispute attorney. A Pennsylvania guardianship fee dispute lawyer can help you understand how various judges apply these facts to cases just as you can against an executor.
Guardianships exist in numerous different forms in the state of Pennsylvania and the amount of work required differs greatly based on the variety of work and type of guardianship it is.
Guardianships can be appointed over property, over a person, or over both. The two most common situations in which a guardianship is established has to do with incapacitated people and minors. Incapacity is a very broad label which means, in general, that the person who is being protected is no longer able to manage their finances or care for themselves.
There are no current statutory schemes adopted in Pennsylvania to determine guardianship fees, which means that you might be going off of your gut instincts in stating that someone has charged excessive guardianship fees. All fees that are charged, however, must be reasonable. In defense of any fee that is charged, a guardian must keep comprehensive records of the time that he or she spends serving as a guardian and the type of tasks completed. This is a major task if a person's fee is challenged and they have to try to recount years' worth of actions.
A judge is much less likely to approve under documented or unsubstantiated fees. If a guardian serves in professional capacity such as an attorney or as a financial advisor, he or she is not usually able to charge their professional hourly rate for every decision they make as the guardian unless the ward previously agreed to this very specific fee structure. Reasonable guardianship fees can be confusing for people who have not had much interaction with this type of the law. You need the support of a dispute attorney if you believe that excessive guardianship fees have been filed in the case and that this has
When a person needs a guardian, everyone involved is counting in that guardian to do the right thing. To determine what is truly in the best interests of the person over whom the guardianship has been established and to take special care in evaluating every choice and option. If that person acts not in the best interests of the charge, concerns can be raised in court.