In re the Guardianship of Lamb
265 P.3d 876
Wash.2011Background
- Hardman guardians are court-appointed guardians for 20+ DSHS residents at Fircrest School; they seek guardian fees including advocacy fees from wards’ assets; DSHS argues advocacy not within guardianship; prior courts denied advocacy fees but allowed limited community outreach in Lamb McNamara; Washington Medicaid rules cap routine fees at $175/month with extra allowances for extraordinary services; case consolidates Lamb and McNamara to address privacy of advocacy fees and RCW 11.96A.150 attorney fees; court analyzes whether general advocacy benefits individual wards or the guardianship generally; court ultimately denies advocacy fees as not necessary or directly benefitting wards; proceedings discuss federal Medicaid impact and ward rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether guardians may be compensated for general advocacy activities | Hardman asserts direct ward benefit via civil rights advocacy | DSHS contends advocacy not within guardianship scope or necessary for care | Advocacy fees not authorized; not a direct/necessary guardianship service |
| Whether any limited community outreach fees were proper | Advocacy includes protective outreach for wards' best interests | Outreach too broad and not adequately tied to ward-specific benefits | Court-abuse of discretion to award community outreach; affirmed denial |
| Whether the guardians are entitled to attorney fees under RCW 11.96A.150 | RCW 11.96A.150 allows costs including attorneys’ fees for guardianship disputes | Fees not warranted given lack of ward-specific benefit | Attorney-fee awards denied; guardians not prevailing party in appeal |
Key Cases Cited
- Hamlin v. Hamlin, 102 Wn.2d 810 (Wash. 1984) (guardians’ duties include individualized best interests and medical decisions)
- In re Guardianship of Ingram, 102 Wn.2d 827 (Wash. 1984) (guardians exercise Ward’s rights; court retains ultimate decision authority)
- Disque v. McCann, 58 Wn.2d 65 (Wash. 1961) (guardian expenses must be expended on behalf of the ward)
- McKean, 136 Wn. App. 906 (Wash. Ct. App. 2007) (fees require benefit to the guardianship; not all work compensated)
- Lamb v. State, 154 Wn. App. 536 (Wash. Ct. App. 2009) (direct-benefit requirement for advocacy fees in guardianships)
- Hamlin; Ingram; Hallauer (various cited), 102 Wn.2d 810; 102 Wn.2d 827; 44 Wn. App. 795 (1984-1986) (guardianship standards and scope of guardian authority)