Who is responsible for a guardian’s legal fees?

In Illinois, guardianship law dictates that the person (or “ward”) for whom the guardian has been appointed is responsible for the guardian’s legal fees. As such, the ward’s assets are legally obligated to cover the guardian’s legal costs. These costs may include the guardian’s court fees, filing fees, or even the cost of any outside legal counsel the guardian may need to employ in order to carry out his or her responsibilities. Furthermore, if the ward’s assets are not sufficient to cover the guardian’s legal fees, the court may appoint another guardian, such as a general guardian, to assume responsibility for those costs. This could happen if the court feels that the guardian is in need of additional assistance to carry out his or her responsibilities. The court may also order the guardian to provide a bond to guarantee the payment of the guardian’s legal fees. The court may also order the guardian to provide a separate accounting of the guardian’s legal fees. If the guardian has been appointed by the court, then it is the court’s responsibility to ensure that the guardian’s legal fees are paid. The court may order that the guardian’s legal fees be taken out of any funds the court determines are available to the ward. It may also order that the guardian’s legal fees be taken from the ward’s estate. In either case, the guardian’s legal fees must be reimbursed from the ward’s assets, either from the ward’s estate or through other court-approved methods.

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