Guardianship Fee Reconsideration Request

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Summary

If your adult child was declared indigent and you were appointed as co-guardians, you may file a motion to reconsider the courts decision to assign GAL fees to you. Reference G.S. 35A-1116, which states that the Office of Indigent Defense Services should cover these fees for indigent respondents. Consult a local attorney for detailed guidance and ensure all necessary details are included in your motion.

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Brief description of our case: Two weeks ago the Greensboro court adjudicated our adult child legally incompetent and appointed us, his parents, as co-guardians of the person. We have already obtained the guardianship letters. The presiding clerk ordered our adult child to reimburse the GAL (Guardian ad Litem) fees, and we were directed to make the payment on our adult child's behalf. The GAL was appointed to our adult child by the court. In our original guardianship application, (form AOC-SP-*) our adult child's assets and liabilities, including any income and receivables, were reported as $* in item * of the form, indicating his indigent status. Under G.S. 35A-*, the fees of an appointed GAL shall be paid by the Office of Indigent Defense Services in cases where the respondent is found to be indigent. We are exploring the potential to rectify this situation now. Specifically, to revisit the clerk's decision assigning responsibility to the petitioners for the GAL fees and to request that the Office of Indigent Defense Services cover these fees instead
I understand your situation, ****. You may consider filing a motion to reconsider the clerk's decision based on G.S. 35A-*. As your son was found indigent, the GAL fees should be covered by the Office of Indigent Defense Services. It's advisable to consult with a local attorney for detailed guidance.
How to put together this motion?
To file a motion to reconsider, you may want to:
- Begin with your case caption information
- State your request and reasons in the body of the motion
- Reference G.S. 35A-* and your son's indigency
- Request a hearing
- Sign and date it
Remember to attach relevant documents, like the original guardianship application. Consulting a local attorney for help would be beneficial.
Could you create an example of such motion?
Sure, here's a basic example:
```
IN THE COURT OF GREENSBORO, NORTH CAROLINA
[Your Names],
Petitioners,
vs.
[Your Son's Name],
Respondent.
CASE NO: [Your Case Number]
MOTION TO RECONSIDER GAL FEES
We, [Your Names], hereby request the Court to reconsider its decision regarding the payment of GAL fees.
Pursuant to G.S. 35A-*, we believe the fees should be covered by the Office of Indigent Defense Services due to our son's indigency, as declared on our original AOC-SP-* form, item *.
We respectfully request a hearing on this matter at the Court's earliest convenience.
Date: [Today’s Date]
[Your Signatures]
[Your Names]
```
Please consult an attorney to ensure all necessary details are included.