Guardianship of Boxley

California Court of Appeal Jan 22, 1953 No. Civ. 19222Published

Before: Shinn

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Holding. The court held that an incompetent's estate may only be charged for attorney fees and expenditures rendered to a guardian or guardian ad litem, and lacks authority to award fees for services rendered directly to the ward or other unauthorized parties.

Issues

Whether the court has authority to award attorney fees and reimbursement from an incompetent's estate for services rendered directly to the ward rather than to the guardian or guardian ad litem.

Disposition. reversed

Quotations verified verbatim against the opinion

“Nowhere do we find a grant of authority to the court to charge the estate of an incompetent with liability for attorneys’ fees other than those rendered to a guardian which, of course, includes a guardian ad litem.”

“The allowance made by the court should have been limited to the reasonable value of the services rendered to the guardian ad litem, and reimbursement should likewise have been limited to the expenditures of the attorneys”

SHINN, P. J.

Chester W. Boxley as guardian of the person and estate of Harry Thomas Boxley, an incompetent person, appeals from an order awarding fees to John P. Mc-Ginley and John E. Glover for legal services and reimbursement for expenditures to be paid to them from the estate in guardianship. Some of the services of the attorneys and some of the expenditures were under a direct or purported employment of the attorneys by the ward. Others were under employment by a guardian

ad litem,

and further services were rendered by the attorneys in a voluntary appearance on behalf of the ward upon a hearing of the guardian’s petition for instructions.

By its order the court allowed $750 “as and for attorneys’ fees for legal services rendered to said Incompetent as alleged in said Petition [of the attorneys], and the further sum of One Hundred Seventy and 11/100 Dollars ($170.11) to reimburse said John P. McGinley and John E. Glover for expenditures made by them for and on behalf of the Incompetent as alleged in said Petition.” The proceedings were as follows: June 13, 1951—Petition of Harry Thomas Boxley for

[485]

removal of Chester W. Boxley as guardian and appointment of another guardian; July 27, 1951—Petition dismissed; July 23, 1951—Order appointing John P. McGinley guardian

ad litem

“to maintain and prosecute the proceedings for the removal of Chester W. Boxley as Guardian herein and to take such action in connection therewith as may be necessary or advisable”; July 27,1951—Petition of Arthur Leuhwesman as guardian

ad litem,

for the removal of Chester W. Boxley as guardian and for the appointment of himself as guardian. (Although the briefs state Mr. Leuhwesman was appointed as guardian

ad litem

the record does not show his appointment or the resignation of Mr. McGinley); September 19, 1951—Petition for removal denied; September 26, 1951— Petition of guardian for instructions; October 29,1951—Order made for removal of ward from Camarillo State Hospital to Baldy View Sanitarium at San Gabriel; December 10, 1951 —Petition of attorneys for fees and reimbursement; March 20, 1952—Order for attorneys’ fees and reimbursement.

Guardianship of Boxley

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SHINN, P. J.

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