IN RE GUARDIANSHIP OF McGREGORY

No. S-12597.

193 P.3d 295 (2008)

In the Matter of the GUARDIANSHIP OF Loraine McGREGORY.

Supreme Court of Alaska.

September 19, 2008.


Attorney(s) appearing for the Case

Michael W. Flanigan, Walther & Flanigan, Anchorage, for Karen Decker-Brown, individually as Intervenor and as Personal Representative of the Estate of Loraine McGregory.

Laura C. Bottger, Assistant Attorney General, Anchorage, Talis J. Colberg, Attorney General, Juneau, for State of Alaska.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, CARPENETI, and WINFREE, Justices.


OPINION

MATTHEWS, Justice.

The question presented in this appeal is whether attorney's fees and costs should be awarded as a matter of course to parties who successfully oppose the State's efforts to impose a guardianship on an allegedly incapacitated person. The pertinent facts, briefly stated, are as follows.

In 2006 eighty-eight-year-old Loraine McGregory was moved from the Pioneer Home in Anchorage by her daughter Karen Decker-Brown. When...

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