In re Conservatorship of Bachand

At issue was whether a guardian’s attorney fees should be paid from a protected person’s estate when the fees were incurred in responding to pleadings to remove the guardian and to move the protected person to an assisted living facility.Beverly Sears, the guardian in this case, moved for her attorney fees incurred in a dispute seeking to remove her as guardian and to move the protected person to a facility. The parties settled, with Sears agreeing to step down as guardian but the parties deciding that the protected person would not be moved to a facility. Sears moved for her attorney fees paid from the estate. The circuit court denied the motion. The Supreme Court reversed, holding that without a resolution of factual matters relating to the necessity of the services in administering the guardianship or the reasonableness of the fee amount, the court was unable to meaningfully review the circuit court’s decision. View "In re Conservatorship of Bachand" on Justia Law