This application and its corresponding order, form 6-20 in this chapter, are drafted for the payment of fees to the attorney ad litem; however, they can be modified for other appointees including a guardian ad litem or physician depending on the facts of the case. The application and order should be tailored as needed to fit the facts of a particular situation.
[Caption. See § 3 of the Introduction in this manual.]
Application to Pay Appointee’s Fees and Expenses
[Name of attorney ad litem], Applicant, as attorney ad litem for [name of ward or proposed ward], [Ward/Proposed Ward], an incapacitated person, files this Application to Pay Appointee’s Fees and Expenses and respectfully represents as follows:
[Name of attorney ad litem] was appointed as attorney ad litem for [name of ward or proposed ward] by Judge [name] on [date]. Applicant and [his/her] law firm of [name of law firm], with offices at [address, city, state], have rendered necessary legal services and have advanced necessary expenses on behalf of [Ward/Proposed Ward]. [Ward/Proposed Ward] is now indebted to [name of law firm] for legal services rendered and expenses advanced on [his/her] behalf for the period [date] through [date] in the amount of $[amount]. These services are described in Exhibit [exhibit number/letter], dated [date], and in the affidavit of the attorney, incorporated here by reference for all purposes.
Expenses in the amount of $[amount] were incurred on behalf of the estate during the period [date] through [date], as described in Exhibit [exhibit number/letter].
All of the fees and expenses were necessary and reasonable and were incurred in the preservation, safekeeping, and management of [Ward/Proposed Ward] [and [his/her] estate]. [Name of law firm] should be reimbursed for these fees and expenses.
Since [his/her] appointment as attorney ad litem, and before the period to which this application pertains, Applicant has requested that this Court approve appointee’s attorney’s fees and expenses in the total amount of $[amount]. The Court approved payment of fees and expenses in the amount of $[amount], and those fees and expenses have been paid from the assets of [Ward/Proposed Ward]’s estate.
Therefore, Applicant prays that the total sum of $[amount] be taxed against and paid by [name of guardian] to [name of law firm] for the attorney ad litem’s fees and expenses for the period [date] through [date].
Respectfully submitted,
By:
[Name]
Attorney Ad Litem
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]
Certificate of Service
I certify that a true copy of this [title of document] was served in accordance with rule 21a of the Texas Rules of Civil Procedure.
SIGNED on ________________________________.
[Name of attorney]
Attorney’s Fee Affidavit
BEFORE ME, the undersigned authority, on this day appeared the affiant, [name], who, after being by me duly sworn, swears—
1.that Affiant is a duly licensed practicing attorney with offices in [address, city, county] County, Texas;
2.that Affiant has performed the legal services described in detail and attached as Exhibit [exhibit number/letter] to the Application to Pay Appointee’s Fees and Expenses and states that the services were properly and timely performed on behalf of [name];
3.that all legal fees and services in the statement attached as Exhibit [exhibit number/letter] were rendered only on behalf of [name];
4.that only fees and expenses covering the period [date] through [date], for the total sum of $[amount], are submitted;
5.that all just and legal offsets, payments, and credits known to Affiant have been allowed and are reflected in the statement attached as Exhibit [exhibit number/letter];
6.that any fees and expenses of legal assistants incurred for work were done under the direction and supervision of an attorney; and
7.that Affiant has made and presented this application and affidavit to the Court with notice to [[name]’s guardian/all parties and attorneys of record].
[Name]
Affiant
SIGNED under oath before me on _________________________.
Notary Public, State of Texas
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Attach exhibit(s). |