Court Cannot Review Attorney's Fees in Guardianship Dispute

A Washington State appeals court reverses a reduction in the fees earned by the attorney for a proposed ward, ruling that because the proposed ward was never adjudicated to be incapacitated, the guardianship statute did not provide a basis on which the trial court could review the fees. In the Matter of Guardianship of Beecher(Wash. Ct. App., No. 54468-3-I, Sept. 12, 2005).

In May 2003, Loretta Beecher's stepson petitioned for guardianship of her person and estate. Ms. Beecher hired attorney Watson Blair, who had represented her on various other legal matters, to defend against the guardianship "at all costs." Attorney Blair warned her that the costs of an adversarial procedure could be "extremely high."

After four months during which Attorney Blair filed several motions challenging various aspects of the proceedings, the stepson and a court-appointed guardian ad litembrought a motion disputing Attorney Blair's fees, which totaled $110,740. The trial court ultimately cut the fees by almost half. With Ms. Beecher represented by new counsel (Attorney Blair had withdrawn because of the conflict of interest created by the fee-reduction order), the parties reached an agreement and the guardianship petition was dismissed.

Attorney Blair appealed the fee reduction, arguing that the trial court lacked the authority to review his fees because Ms. Beecher and her attorneys-in-fact had approved them and, moreover, Ms. Beecher was never adjudicated as incapacitated.

The Court of Appeals of Washington agrees with Attorney Blair and reverses. The court rules that a court can review fees and costs under the guardianship statute only after an adjudication of incapacity. "Until then," the court writes, "an alleged incapacitated person retains the right everyone else has to hire and pay the attorneys of her choice."

For the full text of this decision, go to:  https://caselaw.findlaw.com/wa-court-of-appeals/1386272.html

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