Conservatorship and Estate of Bower CA4/3

INTRODUCTION

Andrea Bower, the former conservator for her late brother David Bower, has appealed from two postjudgment orders awarding David’s widow, Lynn Bower, attorney fees and costs incurred during the litigation of Andrea’s accountings for the third, fourth, and fifth periods of her conservatorship. The probate court previously entered two judgments – one on Andrea’s amended third accounting and the other on her fourth and fifth (and final) accountings – that found much to be desired in the way Andrea had conducted herself as David’s conservator. Andrea appealed from both 1 judgments, and we issued our consolidated opinion on January 21, 2022. Before the appeals on the two judgments had been decided, Lynn made two motions for attorney fees in the probate court: one for the attorney fees and costs incurred in objecting to Andrea’s fourth and fifth accountings, and the other for fees and costs incurred in retrying the third accounting. In both cases, the court had ordered Andrea to pay these expenses as part of the judgments, the amounts to be determined later. In both cases, the order rested on a finding of Andrea’s bad faith. The court held hearings on the fee amounts and…