In Re Guardianship of Eaton, 163 N.H. 386

Daniel Eaton, the petitioner, objected to his brother Dean Eaton's guardianship petition and filed his own petition for Mary Louise Eaton.
In June 2010, a written settlement appointed Michael Eaton as guardian for Mary Louise Eaton, and the trial court later found her incapacitated and appointed him guardian over her person and estate.
The petitioner sought under RSA 464-A:43 to have the guardian pay his attorney's fees incurred in the guardianship proceedings.
The guardian objected, and the trial court denied the request, interpreting RSA 464-A:43(I) as requiring ward, not petitioner, to bear such costs unless bad faith is shown.
The petitioner appealed, arguing for a ward’s liability for his fees under the statute, plain meaning, legislative history, or public policy.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does RSA 464-A:43(I) require the ward's estate to pay the petitioner's attorney's fees?	Eaton argues fees are ward’s costs under plain meaning of 'fees for the counsel'.	Respondent contends 'fees for the counsel' refers to the ward's counsel, not petitioner's.	No; 'fees for the counsel' refers to ward's counsel, not petitioner.

Merrimack School Dist. v. Nat'l School Bus Serv., 140 N.H. 9 (1995) (attorney's fees require statutory, contractual, or recognized exception)
In re Snow Estate, 120 N.H. 590 (1980) (counsel's role as active party in guardianship proceedings)
In re Gamble, 118 N.H. 771 (1978) (liberties at stake in guardianship; rights of the incapacitated)
State v. Bernard, 158 N.H. 43 (2008) (statutory interpretation of plain meaning and context)
Eng Khabbaz v. Comm'r., Soc. Sec. Admin., 155 N.H. 798 (2007) (public policy matters reserved for legislature)