guardianship

I was guardian of person and estate for my mother. An attorney was in charge of signing all checks related to my mother's account for expending funds. The Magistrate determined that a mistake was made in the amount of money to be paid for transportation and I was ordered to return it to the ward's account. Shouldn't the Attorney who was in charge of signing the checks be held responsible for returning the money? It was his job to monitor all payments being made.

Was it the attorney's mistake or the court's mistake?

The attorney testified under oath in front of the Magistrate that he believe the amount was $25.00 per day but the Magistrate had corrected the amount almost a year earlier at $2.50 per day. Therefore, I believe it was the attorney's mistake for signing the checks for the wrong amount.

It is most likely your responsibility to return the money. Then you may want to sue this attorney for malpractice.

Don't most attorneys stick together like doctors? How would you go about finding the right attorney to sue another attorney for malpractice? Do attorneys carry some kind of insurance to cover their mistakes?

I would contact your state bar association and report the incident.

thank you for your advice

Is there anything that we would need to gather to support our case with the state bar association?

I'm sure the bar will first want a statement as to what happened. Then they may want all supporting documentation that you have.

Do you believe that we should pay the money back first or wait until we talk with the bar? The Magistrate has approved and settled the first account and we are currently filing the final account. Guardianship fees have not been paid out yet just the attorney fees.