No Attorney’s Fees in Complex Guardianship, Estate Matter

STATEMENT OF THE CASE
Appellants-Respondents, Raymond L. Lamey, M.D. (Raymond) and Ramona Lamey (Mona) (collectively, Appellants), Co-Guardians of the Person of Darvin Henry Lamey and Co-Personal Representatives of the Estate of Darvin Henry Lamey, appeal the trial court’s findings of fact and conclusions of law granting the payment of attorney fees to Appellees-Petitioners, Ziemer,
Stayman, Weitzel & Shoulders, LLP (ZSWS) and Kolb Roellgen & Kichoff, LLP (Kolb), incurred during their representation of the protected person.  We affirm.

ISSUES
Appellants present this court with two issues on appeal, which we restate as follows:

(1) Whether the trial court properly granted payment of attorney fees to ZSWS when ZSWS entered into an attorney-client relationship with Darvin Henry Lamey (Darvin) while Darvin was a protected person and under a guardianship, and entered into this relationship without the knowledge of Darvin’s Guardian ad Litem (GAL) and without contracting with the guardian
of his estate; and

(2) Whether the trial court properly granted payment of attorney fees to Kolb when Kolb entered into an attorney-client relationship with Darvin, without the knowledge of Darvin’s GAL, and without contracting with the guardian of his
estate, for purposes of modifying Darvin’s estate plan and making an election under the Virginia Lamey Trust.

ZSWS and Kolb present this court with two issues on appeal, which we restate as:

(1) Whether Appellants can bring this interlocutory appeal of right even though Appellants were not ordered to pay any amount of money; and

(2) Whether ZSWS and Kolb are entitled to appellate attorney fees pursuant to Indiana Appellate Rule 66(E).

In addition, Kolb presents this court with one issue on appeal, which we restate
as: Whether Appellants have standing to pursue this appeal.

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Randall Parr is an attorney in Indianapolis who handles family, guardianship, and estate matters.