PHOENIX (KVOA) – The Arizona Supreme Court has clarified rules on fee recovery in guardianship and conservatorship cases.
According to a news release, the Court ruled that court-appointed professionals do not automatically lose their right to reasonable fees if they fail to file the initial compensation notice required by state law.
The case, involving the conservatorship of William John Chalmers, questioned whether missing this filing prohibits fee recovery. Justice Clint Bolick, writing for the unanimous Court, stated that the statute’s notice requirement is “directory” rather than mandatory.
The Court emphasized that noncompliance does not automatically invalidate fee requests unless it causes harm to the protected person.
The Supreme Court reversed a lower court’s decision that required fiduciaries to return previously approved fees, stating it was an improper “horizontal appeal.” However, the Court upheld the trial judge’s discretion to deny later fee applications based on their reasonableness.
This decision cancels a previous Arizona Court of Appeals ruling and sends the case back for the original fee awards to be reinstated.