The court issued a costs endorsement following extensive litigation concerning the guardianship of an individual with Down Syndrome and the administration of their property and personal care.
The dispute involved multiple family members acting as co-guardians, with issues arising from the treatment of government program funds, tax returns, and the passing of accounts.
While the substantive matters were resolved through a settlement, the court was tasked with determining the allocation of legal costs.
The court emphasized the paramountcy of the ward's best interests and the responsibility of co-guardians to resolve disagreements efficiently.
It found that the ward's estate should not bear the costs of the guardians' inability to cooperate.
Partial costs were awarded to the initial applicant against one respondent due to the latter's unresponsiveness to a legitimate legal concern.
Another respondent was ordered to pay partial costs to a different respondent for bringing a motion to replace a co-guardian without sufficient evidentiary support.
