If you are in guardianship/conservatorship litigation, or about to enter litigation, the first thing to do is read and devour the guardianship and conservatorship laws of your state.* You may think it’s your attorney’s job to know, advise, and take care of you. After all, that’s what you’re paying dearly for.
But here’s the reality: attorneys get paid whether they win or lose your case. Most want to win, of course, because of dedication, compassion, pride, or ego. But, if you lose, you still pay your attorney. You both go to the bank – you to make a withdrawal, your attorney to make a deposit!
And attorneys make mega bucks by taking on lots of cases. They juggle their expanding caseload and give minimal attention to the cases in the forefront, saving maximum attention for litigation. To you, there is only one case in the world; to your attorney, you’re one of many in the stack.
Because it’s your case, and because guardianship/conservatorship many times involves life and death, it’s to your advantage to know as much about guardianship/conservatorship law as your attorney. All guardianships, for instance, by law must contain certain aspects of due process, including notice to the AIP (alleged incompetent person), a hearing to determine incompetency, etc. If you know there was no incompetency hearing in your case, as an example, then you’ve got something to shout about! A jurisdictional issue can have the whole case thrown out of court and end your nightmare!
So, don’t totally count solely on your attorney. Count on you!
Not all attorneys are bad. Many or most take pride in their profession and pour their heart and soul into their caseload. Still, many attorneys are members of the “good old boy’s club” or “incest club.” Sometimes, they work for the guardian – sometimes they work for you. Sometimes they work for each other by trading or referring clients. If you familiarize yourself with the state statutes, and your attorney feeds you a line, you’ll taste baloney.
If your don’t know your rights, consider you’re standing in front of this tank!