Lillian Glasser and Guardianship Costs

I've spoken about the case of Lillian Glasser -- the New Jersey woman who was taken against her wishes from Florida to Texas by her daughter -- on a number of occasions:

1/4/06 (Thoughts on the Lillian Glasser Case)

1/10/06 (More on Lillian Glasser)

1/16/06 (Lessons from the Lillian Glasser Case)

2/14/06 (Lillian Glasser and the Second Power of Attorney)

My previous posts have focused on the probate litigation aspects of the case, as opposed to the guardianship aspects. The reason for this is simple: it's impossible for me to have any kind of educated opinion about Mrs. Glasser's mental capacity. I'm not a medical expert, and I haven't spoken with Mrs. Glasser, so rather than go Bill Frist on the situation, I'd prefer to remain silent.

That being said, I have handled guardianships in the past, so I know about guardianship procedure. I have continued to receive e-mails about the proceedings from Mrs. Glasser's son, Mark, and the thing that struck me was this: even if Mrs. Glasser "wins" in the guardianship proceeding, she has in a very real way "lost" because of the immense cost of the proceeding.

Mr. Glasser recently forwarded me an e-mail showing legal and related fees incurred by his mother in the Texas guardianship proceeding.

Temporary guardian: $71,286

Attorney for temporary guardian: $33,955

Guardian ad litem: $98,856

Attorney for guardian ad litem: $164,375

Mediator: $10,887

Bookkeeping: $3,401

Guardianship accounting: $15,941

The total of the above amounts is $398,701.

As Mr. Glasser notes, "[t]his is only fees not care for my Mother -- This does not include several hundred thousand dollars in expenses that have not yet been either considered or approved." It also doesn't include New Jersey temporary guardian fees and travel expenses, as well as attorney's fees. These fees are currently pending in New Jersey and amount to about $125,000.

It's tricky business deciding whether a person is incapacitated and, if so, who should act as their guardian. However, it can be done. And it should be done fairly quickly, and with attention to the fees involved. The fact that Mrs. Glasser has a lot of money doesn't mean that the parties to the guardianship proceeding should be allowed to siphon huge amounts of that money out of her estate.