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eBook details

• Title: State Department of Human Resources v. Estate of Harris
• Author : 2001$22002 Alabama Court of Civil Appeals October Term
• Release Date : January 14, 2002
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

The State Department of Human Resources 1 (""DHR"") appeals from a judgment awarding, as part of an award of costs, an attorney fee of $1,261 to the guardian ad litem (""GAL"") and $1,000 as a ""commission to defray overhead and expenses of the conservator,"" and directing that both of these fees be paid by DHR. This matter was initiated when Aaron Harris notified DHR that his stepmother, Inez Harris, lived alone, that she suffered from dementia, and that she was in need of adult protective services. A DHR social worker visited Ms. Harris's home, determined that Ms. Harris was in need of 24-hour care, and filed a report summarizing her conclusions. Accordingly, on May 14, 2001, DHR petitioned the probate court to establish a conservatorship, alleging that Ms. Harris was incapacitated and seeking both the appointment of a conservator to make decisions regarding Ms. Harris's finances and the appointment of a GAL to represent Ms. Harris's interests during the proceedings. On that same date, the probate court appointed a GAL, who filed a report recommending that a conservator be appointed. After a hearing, the probate court entered a judgment on July 6, 2001, granting the petition conditioned upon the payment by DHR of the sum of $1,000 as fees and as a commission to the conservator. DHR filed a postjudgment motion, pursuant to Rule 59, Ala. R. Civ. P., contending that the probate court lacked authority to order DHR to pay the conservator's fees and commission or to make payment of the fees and commission a condition of the appointment of a conservator. The probate court held a hearing on the postjudgment motion and thereafter vacated its July 6, 2001, judgment. The probate court entered an amended judgment on August 21, 2001, appointing a conservator and taxing as costs against DHR the GAL's fee of $1,261, plus expenses and a ""commission"" in the amount of $1,000 to be used to defray the overhead costs and expenses of the conservator. DHR appealed to the supreme court; that court transferred the appeal to this court pursuant to § 12-2-7(6), Ala. Code 1975.

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