Winnie Wu

Document Type

Case Summary

Publication Date

2-24-2022

Case Synopsis

This case is about whether the district court properly granted attorney fees to guardians from the estate of the protected person under NRS 159.344. Donna and Robyn, daughters of the appellant and protected person, Jones, acted as her temporary guardians for a period in 2019 before their sister Kimberly was appointed general guardian. The dispute involves the attorney fees accumulated during Donna and Robyn’s guardianship period.

Jones first argued that the award itself was improper due to the presumption against such fees payable from the protected person’s estate. The Court rejected this argument, holding that the district court did not abuse its discretion by awarding attorney fees because it properly considered the relevant NRS 159.344 factors, and determined that the fees were just, reasonable, and necessary. Jones next argued that the amount awarded was excessive due to the guardianship’s short duration. The Court again rejected Jones’s argument, holding that the district court acted reasonably, given the complexity of the work involved, as complexity was the proper factor, not duration. The Court of Appeals affirmed.

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