This was a costs endorsement arising from competing guardianship applications brought by two daughters concerning an elderly incapable parent with dementia.
After the guardianship issue settled on terms recognizing one daughter as attorney for property and personal care, the court held the moving party had not achieved the position advanced in her application and rejected her claim to success.
Applying Rule 57.01 and the authorities governing costs in capacity litigation, the court emphasized that costs must reflect the best interests of the incapable person and must not unduly deplete the incapable person's estate.
Although the responding party sought over $93,000 on a complete indemnity basis, the court reduced the claim as excessive and awarded $50,000 inclusive.
The award was ordered payable from the incapable person's property rather than personally by the moving party.
