Legal Opinion · Dissent

Bailey v. Rahe

Supreme Court of Arkansas

Decided January 22, 2004No. 02-1316Published

1DissentJim Hannah, Justice

I must respectfully dissent. The Chrisco factors are not applicable in determining attorney’s fees in a guardianship case because the Chrisco factors fail to take into account the very purpose of a guardianship, which is the protection of the ward. As a consequence of this error by the maj ority, the modest estate of the nearly eighty-year-old widow Bernita Logan will be used first, to pay for attorney’s fees that were incurred because of unjustified actions of the guardian that were not undertaken for the benefit of Ms. Logan, second to pay for the hearing that is the subject of this appeal,…

2Cases cited17 opinions

  1. Chrisco v. Sun Industries, Inc.Supreme Court of Arkansas · 1990
  2. Lake View School District No. 25 v. HuckabeeSupreme Court of Arkansas · 2002
  3. Lake View School District No. 25 v. HuckabeeSupreme Court of Arkansas · 2000
  4. Dent v. WrightSupreme Court of Arkansas · 1995
  5. Miller v. StateSupreme Court of Arkansas · 1997

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