In re Guardianship of Herke

Carl Herke petitioned for the appointment of a guardian for his wife, 78-year-old Helen Herke. Attorney Robert Inouye was appointed as Helen’s guardian ad litem during the guardianship proceeding and was charged with investigating the situation, reporting to the court, and representing Helen’s best interests. Helen, who was staunchly opposed to the appointment of a guardian, hired attorney Gary Sanderson, of the firm Halverson & Applegate, P.S. (plaintiff), to represent her. She told Sanderson that she wanted to fight the guardianship to the end but that if a guardian were to be appointed, she would like it to be either her daughter Joyce Johnson or her sister, Julia Decoto (defendant). Sanderson warned Helen that the litigation might be lengthy and expensive. When Helen opted nevertheless to proceed, Sanderson informed Inouye of Helen’s intent. The litigation lasted three years and was highly contentious because of deep family rifts. At its conclusion, Decoto was appointed Helen’s guardian with some oversight by Helen’s daughter Mary Jane Craigen (defendant). Carl died a week after the litigation concluded, and Craigen became the personal representative of his estate. Halverson & Applegate filed a claim against Carl’s estate (defendant) and Helen’s guardianship estate (defendant) for $84,490 in attorney fees and costs. Decoto, who controlled Helen’s guardianship estate, thought the fees were appropriate. However, Craigen, representing Carl’s estate, opposed the fees. She claimed that a reasonable fee would be $5,000 because Sanderson’s adversarial approach resulted in unnecessarily protracted litigation. She believed that the result from the guardianship proceeding could have been reached much faster if Sanderson had taken a less adversarial position and advised Helen that guardianship was in her best interests. The trial court entered a fee award of approximately $55,000 and ordered that it be paid from Helen’s guardianship estate, with Carl’s estate reimbursing the guardianship estate for half. Craigen appealed.