Albrecht v. Pearson CA2/1
Robert J. Albrecht (Albrecht) filed a request for elder abuse restraining order seeking protection for his 92-year-old mother, Ruth B. Albrecht (Ruth) from Joyce Pearson (Pearson). Although Albrecht signed the request both as Ruth’s attorney and as the “person filling out [the] request,” the court later appointed him as Ruth’s guardian ad litem. Two months after granting a temporary restraining order, the court denied the request for a permanent restraining order, and, finding Pearson to be the prevailing party, ordered Albrecht to pay Pearson’s attorney’s fees and costs. Albrecht contends, inter alia, that, because he appeared in the proceeding as Ruth’s guardian ad litem, the court had no authority to order him to pay fees and costs. We agree and reverse the order.
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