IN THE MATTER OF THE GUARDIANSHIP OF RICHARDSON
2016 OK CIV APP 58
| Okla. Civ. App. | 2016Background
- Vivian Richardson (sister) filed to remove Cynthia Wyrick as guardian of their father, Calvin Richardson, and succeeded; Charles (brother) was also removed as trustee/attorney-in-fact in the related appeal.
- While the appeal of the guardianship removals was pending, Vivian moved in district court for an award of her attorney fees incurred in prosecuting the removal.
- The district court denied Vivian's fee motion, concluding no statutory provision authorized awarding attorney fees to a third-party (i.e., a person who is neither the ward nor the guardian).
- Vivian appealed the denial; this Court reviewed whether the district court possesses authority to order a guardian to pay attorney fees of a third party who successfully prosecutes actions benefitting the ward or estate.
- The Court held district courts in guardianship proceedings have general equity jurisdiction (in addition to statutory authority) allowing reimbursement to third parties who incur attorney fees to protect a ward when such services were required by guardian neglect, incompetence, or misconduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a district court may order a guardian to pay a third party’s attorney fees incurred in successfully prosecuting actions to protect a ward/estate | Vivian: District court can order guardian to pay fees because her actions benefited the ward/estate and were necessitated by guardian misconduct/neglect | Cynthia/Charles: No statutory authorization (e.g., 30 O.S. § 4-403) permits awarding attorney fees to a party who is neither ward nor guardian | Reversed: District courts have equitable jurisdiction in guardianship matters allowing reimbursement of third-party attorney fees, and may surcharge a guardian who caused the need for those services; remanded to consider Vivian’s motion |
Key Cases Cited
- Panama Processes, S.A. v. Cities Serv. Co., 796 P.2d 276 (Okla. 1990) (settled-law-of-the-case doctrine prevents relitigation of issues decided on appeal)
- In re Guardianship of Stanfield, 276 P.3d 989 (Okla. 2012) (district courts retain equitable authority in guardianship proceedings independent of specific statutory grants)
- Estate of Kerns v. Western Sur. Co., 802 P.2d 1298 (Okla. Civ. App. 1990) (affirming surcharge against guardian for fees tied to ward representation)
- City Nat'l Bank & Trust Co. v. Owens, 565 P.2d 4 (Okla. 1977) (American Rule: prevailing party not entitled to attorney fees except by contract, statute, or special circumstance)
- In re Estate of Talomase, 225 P. 156 (Okla. 1924) (guardian required to pay attorney fees incurred contesting ward’s legal rights)
- In re Estate of Estes, 983 P.2d 438 (Okla. 1999) (equitable surcharge of personal representative for attorney fees benefiting the estate)