Who is responsible for a guardian’s legal fees?

In California, the person who will be responsible for a guardian’s legal fees is typically the ward—the person in need of guardianship. California courts, however, have the right to require that all guardians submit an accounting of their expenses, which includes legal fees. If the court finds that the guardian has acted in a manner that caused the legal fees to be higher than necessary, the court may require the guardian to pay for their own legal expenses. The court has the power to require that the guardian’s attorney, or any other involved party, pay all or part of the legal fees. This means that the guardian’s attorney may be responsible for footing the bill if the court finds it appropriate. This usually occurs when the guardian has acted inappropriately or unreasonably in handling the case. The court may also require that the estate of the ward pay for the guardian’s legal fees. This is typically done when the ward has the resources to do so. The court may also require the guardian to submit an itemized accounting of the services rendered and fees charged and may require the guardian to pay the fees out of their own pocket if they are deemed too high. Understanding who is responsible for legal fees is an important part of guardianship law.

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