§ 13.4.1 GUARDIANS AND CONSERVATORS MAY RECOVER ATTORNEYS' FEES FROM PROTECTED PERSON'S ESTATE

• Jurisdiction: Arizona

§ 13.4.1 Guardians and Conservators May Recover Attorneys' Fees from Protected Person's Estate

The Revised Arizona Probate Code allows attorneys who are guardians and/or conservators to be paid from the protected person's estate. A.R.S. §§ 14-5314 (guardianships), A.R.S. § 5414 (conservatorships). Even prior to the passage of these statutes, long-standing case law allowed for such awards, as they were deemed to be necessary expenses for the protection of the minor or incapacitated adult:

The rule of law is that a guardian is entitled to reasonable compensation for services, and that this is peculiarly within the discretion of the probate court, and its action therein will not be reviewed except for an abuse of discretion. . . . The same is true in regard to attorney's fees. It cannot be questioned that where a guardian is forced to defend a final accounting a reasonable...