In the Matter of William John Chalmers

Summary

The court held that the statutory notice requirement for professionals seeking compensation from a protected person’s estate is directory rather than an automatic bar to fee recovery because the statute provides no forfeiture consequence and must be read with the surrounding compensation provisions. Failure to provide the notice may support judicial remedies, including reducing fees based on reasonableness or addressing prejudice, but does not require disgorgement of previously approved fees. The court affirmed the denial of later fee requests, reversed the order requiring repayment of previously awarded fees, vacated the intermediate appellate decision, and remanded with instructions to reinstate the initial awards.