Case Law
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Cummings v. GSS |
"CSS [sic] employs individuals who... provide home care services to clients.
[Caregivers] lived in Smith's home and provided round-the-clock services, including housekeeping, purchasing
groceries, and preparing meals. These activities are home care services. GSS is therefore a home
care agency required to be licensed under chapter 70.127 RCW.17" |
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In
RE: Anderson |
RCW 71.05.150 prescribes the exclusive procedures and
standards for any involuntary detention of a mentally disabled person for
evaluation and treatment. |
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Estate
of Katherine M. Treadwell |
"We conclude that a guardian's attorney owes an
incompetent ward a duty to establish the guardianship consistent with the
requirements of RCW 11.88.100 and .105."
"Surely, the guardian does not then have the authority to ignore the
statutory requirement [to comply with blocking and bonding orders]. Nor
may an attorney ignore the statutory requirement." |
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Guardianship
of Stamm |
The 'eyes and ears of the court' description of the GAL's
role is accurate in a rough, colloquial sense. But ... it has great
capacity to mislead a jury. |
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Guardianship
of Stamm |
"In this successive appeal arising from a guardianship
proceeding, Loren Stamm appeals the awards of guardian fees, attorney
fees, and costs to Guardianship Services of Seattle (GSS). Under both a
substantial evidence and a de novo review of the challenged factual
findings, the record supports them. There was no breach of any fiduciary
duty owed by GSS to Stamm, its former ward. The guardianship statute that
Stamm challenges is not unconstitutional. The trial court properly
exercised its discretion in awarding fees to GSS and its attorneys. We
affirm and award fees and costs on appeal to GSS, subject to its
compliance with RAP 18.1."
"The court was well within its discretion in denying fees to Dore
beyond those the court awarded for work done."
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In
Re Gannon |
Guardians - Divorce and Dissolution - Incompetent Spouse -
Authority To Maintain Action. A superior court has discretion to authorize
a guardian of an incompetent to initiate an action to dissolve the
incompetent's marriage. The granting of such authority primarily depends
on the best interests of the incompetent, not his heirs, together with the
necessities and interests of his spouse |
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ARCWELD
MANUFACTURING Co., INC., Respondent v. Rob J. BURNEY, |
[Irrevocable Powers of Attorney] PRINCIPAL AND AGENT -
POWER OF ATTORNEY - REVOCATION. The principal may revoke a power of
attorney at any time, either with or without reason, except (1) where the
power is coupled with an interest, and (2) where the power is given as
part of a security or is necessary to effectuate such a security, in
either of which cases the power is irrevocable. |
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In
Re Estate of Larson |
[1] Attorney and Client - Compensation - Probate Fee -
Fiduciary Relationship. An attorney for an estate stands in a fiduciary
capacity to the personal representative and to the heirs or distributees
of the estate. The reasonableness of the fee for probating the estate must
be determined in the light of the fiduciary obligations.
[2] Attorney and Client - Compensation - Probate Fee - Reasonableness -
Burden of Proof. Upon objection to a probate attorney fee based on the
number of hours worked multiplied by an hourly rate, the attorney has the
burden of proving that the hours charged to the estate were necessary.
Attorney time is not necessary when it is duplicative of work by other
attorneys or staff, is spent on tasks properly performed by staff, or is
used to educate the attorney in matters that would be routine for an
attorney experienced in that field. |