A Window Into New York Legal Fees For Guardianship Proceedings

A recent opinion in Matter of L.H (M. H.), a contested guardianship matter that was eventually settled, provides a window into legal fees.  In this New York case, following a settlement, the court was asked by the parties to determine reasonable fees to be paid to the attorney who served as the “court evaluator” and the attorney who successfully represented the Alleged Incapacitated Person (AIP) in resisting the guardianship.  

The court noted the guardianship was part of larger family disputes following a divorce.  As part of the settlement, the petitioner, a family member of the AIP, withdrew the petition for appointment of a guardian.   The parties stipulated that the fees could not exceed $50,000.  That amount was set aside for any payments ordered by the court, funded by a trust held by the petitioner (not the AIP). 

The court considered this withdrawal to be the “functional equivalent” of a dismissal, giving the court discretion under the statute to allocate fees in such proportions as it deemed just. 

As required by New York Law, the court made detailed findings.  The court concluded:

• “[The evaluator] performed in an extraordinary manner under difficult circumstances … [and her] report focused a spotlight on the amended petition’s lack of merit, and was instrumental in resolving this proceeding.”  The court awarded the evaluator $22,748 for 82.75 hours of professional services at $275 per hour.
• “[T]he efforts [of the attorney for the AIP] led to a positive outcome for the AIP, with her civil liberties fully intact, there being no need for a guardian for her. Attorneys who have similar experience and status within the guardianship bar charge between $400 and $600 dollars per hour for their services.  However, in view of the agreed upon $50,000 cap on the possible awards for the feeds incurred… [the attorney for the AIP] is awarded $27,051.25… as reasonable compensation (at $335.00 per hour) for 80.75 hours of legal services.”

The court observed that the lawyer for the AIP “is one of the preeminent guardianship and elder law attorneys [in] New York State.”