Guardianship of Elan E.

This case presents the question whether, in a guardianship proceeding, grandparents may be compelled to pay an indigent minor’s attorney’s fees and costs. Louis and Patricia E. (grandparents) were successful in their petition to be appointed guardian of their grandchild, who was represented by court-appointed private counsel. They appeal from an order requiring them to pay the grandchild’s attorney’s fees and costs. Grandparents contend that, pursuant to Probate Code section 1470, the order was unauthorized because they are not the minor’s parents. We agree and reverse.

Facts

Counsel accepted the appointment acknowledging that he would not be compensated for his services because both the grandchild and his parents were indigent. Counsel initially interpreted section 1470 as precluding the court from requiring a nonparent to pay the grandchild’s attorney’s fees. On several occasions, he stated in open court that he was appearing “pro bono.”

Nevertheless, after grandparents’ petition was granted, counsel moved to compel them to pay the grandchild’s attorney’s fees and costs. Counsel reinterpreted section 1470 as allowing such an order. The probate court ordered…