Collin Weires

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Case Summary

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Case Synopsis

The Court addressed several issues related to the appointment and compensation of a Guardian Ad Litem (GAL) for Kathleen June Jones (June). First, the Court held that June waived any claim regarding the district court’s failure to state the GAL’s hourly rate in the appointment order because she did not raise it below, and that any error was harmless. Additionally, the Court found an error in the district court’s conclusion that it was required to appoint an attorney as GAL, but found this to be harmless as well, due to the absence of any qualified nonattorney. Further, the Court declared GALs as fiduciaries, who can provide services also performed by attorneys, and introduced a factor test to determine the appropriate fee rate. Finally, the Court upheld the district court’s award of $400 per hour, emphasizing the consideration of Brickfield’s experience, qualifications, services rendered, and the complexity of the case.