State of Alaska, Office of Public Advocacy, Office of Elder Fraud & Assistance, Appellant and Cross-Appellee, V…

Summary

The Alaska Supreme Court reversed the superior court’s award of attorney’s fees in the elder‑fraud protective‑order proceeding and affirmed the denial of fees in the related conservatorship proceeding. It held that the fee‑shifting statute AS 18.26.181(d) and Civil Rule 82 do not apply to elder‑fraud protective orders, which are governed instead by the cost‑recovery scheme of AS 44.21.415(e), and that OPA did not “initiate” the conservatorship proceeding, so no fees are available against the State.