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 incapacitated father, Calvin Richardson; the district court removed Cynthia (and Charles) and this was affirmed on appeal in a related case.
- While that appeal was pending, Vivian moved for an award of her attorney fees incurred prosecuting the removal petition, asking that Cynthia and Charles be ordered to pay.
- The district court denied Vivian’s fee motion, reasoning no guardianship statute authorized awarding attorney fees to a third party (i.e., someone who is neither ward nor guardian).
- Vivian appealed the denial; this Court considered whether a district court can order a guardian to pay a third party’s attorney fees when the third party’s efforts benefit the ward or ward’s estate.
- The Court examined the Guardianship Act, other statutes addressing costs and surcharges, and the district court’s equitable powers, concluding statutory sources plus general equity jurisdiction support such fee awards where guardian neglect, incompetence, or misconduct necessitated the third-party action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a district court may order a guardian to pay attorney fees of a third party who successfully prosecutes an action benefitting the ward or estate | Vivian: district court has authority (statutory + equitable) to order guardian to pay fees when guardian’s misconduct/neglect required the third party’s action | Cynthia/Charles: no statutory provision authorizes awarding attorney fees to a party who is neither ward nor guardian; denial proper | Court held district courts have equitable jurisdiction (in addition to statutory authority) to award such fees and may surcharge a guardian for fees when guardian’s neglect, incompetence, or misconduct necessitated the services |
Key Cases Cited
- Panama Processes, S.A. v. Cities Serv. Co., 796 P.2d 276 (1990) (settled-law-of-the-case doctrine)
- In re Guardianship of Stanfield, 276 P.3d 989 (2012) (recognizing equitable powers of court in guardianship matters)
- Estate of Kerns v. Western Sur. Co., 802 P.2d 1298 (1990) (affirming surcharge against guardian for attorney fees)
- City Nat’l Bank & Trust Co. v. Owens, 565 P.2d 4 (1977) (American Rule; fees only when contract, statute, or special circumstance authorizes)
- In re Estate of Estes, 983 P.2d 438 (1999) (probate equitable power to surcharge personal representative for fees benefitting estate)
- In re Estate of Talomase, 225 P. 156 (1924) (guardian required to pay attorney fees contesting ward’s legal rights)