The guardian may employ legal counsel in connection with the discharge of his or her duties, and the court shall fix the attorney's fee, which shall be allowed as an item of the expense of administration.
If the guardian is an attorney and has performed necessary legal services in connection with the guardianship, the court shall take into consideration the nature and extent of such services in fixing the compensation of the guardian.
The guardian, when authorized by the court, may employ accountants, engineers, appraisers, brokers, and other persons whose services are reasonably required in the discharge of his or her duties, and the court shall fix the compensation for such services, which shall be allowed as an item of expense of the administration.
A guardian is authorized to employ legal counsel in connection with the discharge of his duties, and the hiring of an attorney is not among those decisions made by a guardian that always requires prior court approval. Johnson v. Guardianship of Ratcliff, 72 Ark. App. 85, 34 S.W.3d 749 (2000).
Fees.
This section authorizes allowance of fees in favor of a guardian required to defend his actions as guardian and his accounting. The trial court is permitted to take into consideration any failures on the part of the guardian in the allowance of fees. Winters v. Winters, 24 Ark. App. 29, 747 S.W.2d 583 (1988).
Trial court abused it's discretion in disallowing all fees and costs incurred during specific dates where the trial court gave no explanation for lowering the attorney's hourly fee, nor did the court explain why it cut off fees incurred prior to a certain date; such decisive but unreasoned action clearly constituted an abuse of discretion. Bailey v. Rahe, 355 Ark. 560, 142 S.W.3d 634 (2004).
In an estate action, the appellate court was unable to discern whether attorney fees were based on the total market value of the real and personal property reportable to the circuit court or whether they was based on some other measure and certificates of deposit had been inexplicably cashed and placed in a trust and then listed as assets; thus, for purposes of determining attorney fees, which were based in part on the size of the estate, a remand for reconsideration was required to determine which assets were properly estate assets. Monk v. Griffin, 92 Ark. App. 320, 213 S.W.3d 651 (2005).
Notes of Decisions
Cited in 7
cases (2 in the last 5 years), 2000–2026 · leading case: Bailey v. Rahe, 142 S.W.3d 634 (Ark. 2004).
Bailey v. Rahe, 142 S.W.3d 634 (Ark. 2004). · cites it 12דAttorney's fees are statutorily allowed in guardianship cases under Ark.Code Ann. § 28-65-319 (1987), which provides that a guardian may employ legal counsel, but that "the court shall fix the attorney's fee.”
Tiner v. Tiner, 422 S.W.3d 178 (Ark. Ct. App. 2012). · cites it 2ד3d 634 (2004) (involving guardianship proceedings and Arkansas Code Annotated section 28-65-319’s provision that an attorney’s fee shall be allowed as an item of the expense of administration); S.”
Scott v. Est. of Prendergast, 204 S.W.3d 110 (Ark. Ct. App. 2005). · cites it 4דFurthermore, in her order awarding fees, the trial judge merely recited that she had reviewed the testimony from the hearings, the pleadings, exhibits, and Rule 1.5 of the Arkansas Model Rules of Professional Conduct, and, without making specific findings of fact, made the fee…”
Johnson v. Guardianship of Ratcliff, 34 S.W.3d 749 (Ark. Ct. App. 2000). · cites it 4דUnder Ark. Code Ann. § 28-65-319 (a)(1) (1987), a guardian is specifically authorized to employ legal counsel in connection with the discharge of his duties.”
Monk v. Griffin, 213 S.W.3d 651 (Ark. Ct. App. 2005). · cites it 2דFurthermore, in awarding attorney fees for the guardianship pursuant to Ark. Code Ann. § 28-65-319 (Repl. 2004), the circuit court did not consider the factors set forth in Bailey v.”
Lashey Hopping (Formerly Almager) v. Timothy Scarborough, Jr., 2026 Ark. App. 303 (Ark. Ct. App. 2026). · cites it 2ד3d 634 (2004) (involving guardianship proceedings and Arkansas Code Annotated section 28-65-319’s provision that an attorney’s fee shall be allowed as an item of the expense of administration); S.”
Ben Motal v. City of Little Rock, 2024 Ark. App. 598 (Ark. Ct. App. 2024). · cites it 2דBailey was a guardianship case and involved the 7 entitlement to statutorily mandated attorney’s fees pursuant to Arkansas Code Annotated section 28-65-319. Abrego involved the entitlement to contractually mandated attorney’s fees.”
— Ark. Code Ann. § 28-65-319(a)(1) — 1 case
Bailey v. Rahe, 142 S.W.3d 634 (Ark. 2004). “Attorney's fees are statutorily allowed in guardianship cases under Ark.Code Ann. § 28-65-319 (1987), which provides that a guardian may employ legal counsel, but that "the court shall fix the attorney's fee.”
— Ark. Code Ann. § 28-65-319(a)(l) — 1 case
Johnson v. Guardianship of Ratcliff, 34 S.W.3d 749 (Ark. Ct. App. 2000). “Under Ark. Code Ann. § 28-65-319 (a)(1) (1987), a guardian is specifically authorized to employ legal counsel in connection with the discharge of his duties.”
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