In Re: The Guardianship of Thomas Henson, Whatcom County Superior Ct. Cause No. 11-4-00106-1

Oct 14, 2016

OUTCOME: The Guardian prevailed and the full fees were awarded with DSHS being required to pay anything the IP could not

I represented the Guardian of an Incapacitated Person (IP) who received no income other than SSI and was also receiving long term care coverage through Medicaid. The amount of Guardian and attorney fe ... es exceeded the amount of money the IP received through SSI and DSHS was paying the balance. DSHS challenged the amount of allowable fees based on statute and regulation as well as the court's authority to order DSHS to make the payments based on constitutional separation of powers.