Friend

Retained counsel for an elderly person suffering from dementia must safeguard the well-being of the person and his or her financial resources. As we shall explain, here the attorney did neither. The probate court expressly indicated that counsel put his own financial interests ahead of the interests of his client. It surcharged counsel. We agree with the probate court’s ruling and its rationale. We commend it. We affirm the judgment.

Attorney William Salzwedel appeals a $96,077.14 judgment surcharging him for excessive attorney’s/trustee’s fees ($70,044.99), medical expert fees ($25,015.13), and costs ($1,017.02) incurred while acting as the temporary trustee of the Moore Family Trust. Appellant paid himself fees and costs after his 82-year-old client, Lester Moore, was diagnosed with dementia and the subject of a conservatorship petition. Appellant hired medical experts to oppose the conservatorship petition and drafted trust and estate documents to disinherit Moore’s family. Sitting as the trier of fact, and exercising its broad discretion, the probate court found that the fees and expenses were unreasonable and did not benefit the trust or Moore.

*1104 Appellant has…