Debra Stephens

The moving parties, estate trustees for the deceased's estate, brought a motion to remove the responding party's daughter as her litigation guardian and attorney for property.

The responding party, who was mentally incapable, had appointed her two children as attorneys, but one withdrew due to a conflict of interest.

The court found that the remaining attorney had a conflict of interest, resided outside the jurisdiction, and had previously depleted the incapable person's funds by selling her home and taking the proceeds.

The court removed the daughter as litigation guardian and appointed the Public Guardian and Trustee to act as litigation guardian and guardian of property.

Following a guardianship application and the subsequent death of the incapable person, her former counsel, Swadron Associates, brought a motion for directions under Rule 75.06 regarding unpaid legal fees.

The applicant, Glen Salzman, brought a cross-motion seeking costs personally against the firm.

The court determined several preliminary issues, finding that Swadron Associates had standing under Rule 75.06 but denying its requests for preservation of funds and security for costs.

The court also held that Glen Salzman, as executor, had the authority to waive solicitor-client privilege on behalf of the estate for the purpose of his costs motion, as he was not adverse in interest to the estate on that issue.