In the Matter of the Protective Proceedings of Vernon H., Vernon H. and Judith H. v. Peter H., Appellee

Summary

The Alaska Supreme Court affirmed the denial of attorney's fees and costs sought by a respondent and his daughter after a guardianship and conservatorship petition was withdrawn. It held that the protective-proceeding statute permits shifting privately retained attorney and expert costs to a petitioner, but only when the proceeding was initiated maliciously, frivolously, or without just cause, and the evidence did not support that finding here. The court also held that the statutory fee scheme entirely displaces Civil Rule 82 in guardianship and conservatorship proceedings.