In In re A.D., the New Jersey Supreme Court affirmed the denial of legal fee awards in a guardianship case where the court-appointed attorney and temporary guardian for an “alleged incapacitated person” under Rule 4:86 sought awards of legal fees and costs against an adult protective services provider (APS). No. A-30/31-23 (N.J. Dec. 11, 2024). These legal costs included expert witness fees paid by the temporary guardian from his own resources.
The court-appointed counsel and a temporary guardian advocated for an alleged incapacitated person (“Hank”). Despite their critical work securing Hank’s housing, services, and independence, the Court ruled there was no legal basis under statutes, court rules, or case law to order APS to cover the temporary guardian’s fees.
Key Takeaways:
The Court upheld the American Rule, requiring each party to bear their legal costs unless exceptions apply.
The temporary guardian was acting on behalf of the alleged incapacitated person, and in accordance with the applicable statutes the fees could only be awarded from his estate, not APS or other agencies. Unfortunately, in this case the alleged incapacitated person lacked the resources to pay the fees.
Pro bono legal services remain vital in guardianship cases where clients lack assets.
The Court highlighted the ongoing reliance on attorneys’ pro bono work in guardianship proceedings while calling attention to resource challenges within APS. A reminder of the value—and burden—of public interest law.
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