Cottini v. BerggrenAnnotate this Case
A former agent appointed under a power of attorney, successfully defended an accounting of his actions, expenditures, and fees against objections and counterclaims by his former principal. At issue in this appeal was whether the former agent was entitled to reimbursement from his former principal for reasonable attorney’s fees incurred in maintaining that defense. The superior court denied the agent’s request for attorney’s fees because the dispute occurred in the context of a guardianship proceeding and because the request did not meet the requirements of AS 13.26.291, which governed cost-shifting in guardianship proceedings. The agent appealed, arguing: (1) AS 13.26.291 did not apply; (2) that he was entitled to attorney’s fees based on his authority as an agent to hire an attorney under AS 13.26.665(m); and (3) he was entitled to attorney’s fees based on common law principles, equity, and considerations of public policy. The Alaska Supreme Court concluded neither statute applied, but that the agent could be entitled to reimbursement of his attorney’s fees under the common law of agency and as a matter of equity. The Court therefore reversed the superior court’s order and remanded for further proceedings.