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lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25386
Experience:  Practicing family law attorney
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My siblings and I (Baltimore, MD) are in the middle of a guardianship

Customer Question

My siblings and I (Baltimore, MD) are in the middle of a guardianship of person and porperty for our brother who is delusional and is losing everything he owns and has done nothing about it. He hasn't worked in over a year. He is fighting us and thinks that we are against him.

Last June the court requested two psychological evaluations which determined that he is indeed delusional and is not capable of making rational decisions regarding his property and his health. We paid for the two evaluations to the tune of about 8,000.00.

It goes to trial in a couple of weeks and the pro bono attorney that was selected to represent our brother is now requesting that both psychiatrists be in court for testimony. Will we be required to pay their fees for being brought into court or will the court be required to pay the fee? We expect the costs could run at least another 8-10,000 each. If this is true what recourse do we have?
Submitted: 6 years ago.
Category: Family Law
Expert:  lwpat replied 6 years ago.
The costs should not run anything like that. Normally they will only charge you for a couple of hours each and you can have them on standby the day of the trial so they are not just sitting around. You can ask them for their hourly fee rate prior to the trial so you know what to expect. You will have to pay the expense but then if you win it would be a legitimate expense to charge to him. Ask your attorney what fees you can recoup and be sure that he asks for them in the petition.
Customer: replied 6 years ago.
I was concerned whether we would be responsible for the fees to the psychiatrists if the attorney representing our brother (not us) requested that the psychiatrists, or if it would be paid by the courts, since we didn't request them. We felt that the reports were sufficient in the case. Our brother, the delusional one, is doing everything he can to undermine this. We have already been told that they charge 400.00 an hour for their time in court.
Expert:  lwpat replied 6 years ago.
Maybe I went into the wrong profession. Here since the other party has subpoened then they are the ones that will have to pay. However, they will be billing you since you are the ones that retained them. Ask your attorney to ask the court to order your brother to pay.

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