ABA Family Legal Guide

The Rights of Older Americans

A Right to Control Your Own Affairs

Guardianship

This sounds very expensive. Who pays for a guardianship?

It can be expensive. There are court charges and lawyer's fees and fees for the doctor or other persons who examine the alleged incapacitated person to assess his or her capacity. If the court appoints a guardian, the estate usually pays the guardian's fees. Older people who are either seeking guardianship over a family member or challenging a guardianship may be able to get free legal help through legal services programs or through lawyers who volunteer their services pro bono (free of charge).