MATTER OF CONSERVATORSHIP OF BACHAND

28130.

907 N.W.2d 62 (2018)

2018 S.D. 10

In the MATTER OF the CONSERVATORSHIP OF Martin A. BACHAND, a Person Alleged to Need Protection.

Supreme Court of South Dakota.

OPINION FILED January 24, 2018.


Attorney(s) appearing for the Case

JENNIFER L. TOMAC of Tomac & Tomac, PLLC, Rapid City, South Dakota, Attorneys for Appellant, Beverly Sears, Guardian.

KAREN PAIGE HUNT , Sturgis, South Dakota, Attorney for Appellee, Michael Bachand, Interested Party.

ERIKA S. OLSON of Lynn Jackson Shultz & Lebrun, PC, Rapid City, South Dakota, Attorneys for Appellee, Lyndell Petersen, Conservator.


[¶ 1.] The question on appeal is whether a guardian's attorney fees should be paid from a protected person's estate when the fees were incurred in responding to pleadings to remove the guardian and to move the protected person to an assisted living facility. We reverse the circuit court's denial of fees and remand to determine...

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