The Court Appointed Attorney

The court-appointed attorney will conduct an investigation, including interviews with the allegedly incapacitated person, the proposed guardian and all other interested parties and will examine medical and financial records of the allegedly incapacitated person. This is done to insure that no one is attempting to take advantage of or mistreat the allegedly incapacitated person. The court-appointed attorney will prepare a report of his or her findings, which will include recommendations on the person’s capacity and that individual’s wishes. The court-appointed attorney’s fees are generally paid from the estate of the person alleged to be incapacitated, although upon a showing that the alleged incapacitated person’s assets are insufficient, the court may direct other payment arrangements, and may order the appointment of the attorney on a pro bono basis.

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