In re Guardianship of Tucker

Supreme Court of Vermont

In re Guardianship of Tucker

703 A.2d 1128, 167 Vt. 580, 1997 Vt. LEXIS 264

CourtSupreme Court of Vermont

DecidedOctober 15, 1997

DocketNo. 97-018

StatusPublished

Cited by1 cases

This text of 703 A.2d 1128 (In re Guardianship of Tucker) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Guardianship of Tucker, 703 A.2d 1128, 167 Vt. 580, 1997 Vt. LEXIS 264 (Vt. 1997).

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Opinion

In this case a social worker employed by hospital filed a petition in probate court to appoint a guardian for a hospital patient. The petition was granted, and the hospital sought reimbursement for its legal fees from the patient’s guardian. The probate court ordered the guardian to reimburse the hospital, but the superior court reversed the order and denied attorney’s fees. This appeal followed.

The superior court’s order denying attorney’s fees to the petitioner is affirmed for the reason that such fees are not allowed by statute or contract, and no exception to the American rule applies. Albright v. Fish, 138 Vt. 585, 422 A.2d 250 (1980); see also State v. Whitingham Sch. Bd., 140 Vt. 405, 438 A.2d 394 (1981).

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In this case a social worker employed by hospital filed a petition in probate court to appoint a guardian for a hospital patient. The petition was granted, and the hospital sought reimbursement for its legal fees from the patient’s guardian. The probate court ordered the guardian to reimburse the hospital, but the superior court reversed the order and denied attorney’s fees. This appeal followed.

The superior court’s order denying attorney’s fees to the petitioner is affirmed for the reason that such fees are not allowed by statute or contract, and no exception to the American rule applies. Albright v. Fish, 138 Vt. 585, 422 A.2d 250 (1980); see also State v. Whitingham Sch. Bd., 140 Vt. 405, 438 A.2d 394 (1981).

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Bluebook (online)

703 A.2d 1128, 167 Vt. 580, 1997 Vt. LEXIS 264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-guardianship-of-tucker-vt-1997.

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