In the Matter of the Guardianship of: Andrea Faye Wilkins ( 2019 )

FILED
AUGUST 15, 2019
In the Office of the Clerk of Court
WA State Court of Appeals, Division III
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION THREE
In the Matter of the Guardianship of: ) No. 36649-9-III
)
ANDREA FAYE WILKINS, ) UNPUBLISHED OPINION
)
An Incapacitated Person. )
PENNELL, J. — Judy Vrabel appeals the superior court’s order denying her motion
to revise an order appointing her adult daughter, Jody Stack, as guardian for her other
adult daughter, Andrea Wilkins. We affirm the superior court and grant Ms. Stack’s
request for attorney fees and costs.
FACTS
Andrea Wilkins, an adult incapacitated person, moved in with her adult sister, Jody
Stack, in April 2016. Prior to this, Ms. Wilkins lived with her mother, Judy Vrabel. Due
to some family tensions, both Ms. Vrabel and Ms. Stack filed dueling petitions for
guardianship of Ms. Wilkins. A court-appointed guardian ad litem (GAL) conducted an
investigation and recommended Ms. Stack be appointed guardian. The GAL also noted
that Ms. Vrabel had been collecting Social Security payments for Ms. Wilkins, despite the
fact that Ms. Wilkins no longer lived with Ms. Vrabel.
The guardianship court ultimately followed the GAL’s recommendation and
appointed Ms. Stack as full guardian of Ms. Wilkins’s person and estate. The court also
No. 36649-9-III
In re Guardianship of Wilkins
entered a judgment for the Social Security payments that had been improperly retained by
Ms. Vrabel. Ms. Vrabel appeals the guardianship order.
ANALYSIS
Ms. Vrabel’s sole argument on appeal is that the guardianship court impermissibly
terminated her parental rights to Ms. Wilkins without a finding of parental unfitness.
This claim fails. The guardianship court did not improperly terminate Ms. Vrabel’s
parental rights because there were none remaining to terminate. A parent’s constitutional
right to involvement in childrearing only applies to minor children. In re Dependency of
Schermer, 161 Wash. 2d 927, 941, 169 P.3d 452 (2007) (“Parents have a fundamental
liberty interest in the care and welfare of their minor children.”) (emphasis added); In re
Guardianship of Cornelius, 181 Wash. App. 513, 531, 326 P.3d 718 (2014). Ms. Wilkins is
an adult. The legal standards governing termination of parental rights are inapplicable
here.
ATTORNEY FEES/COSTS
Ms. Stack requests attorney fees and costs, claiming Ms. Vrabel (1) lacks
standing to bring this appeal, (2) claims errors not raised before the guardianship court,
and (3) needlessly challenges what was a proper exercise of the guardianship court’s
discretion. See In re Guardianship of Decker, 188 Wash. App. 429, 445-46, 451-52,
353 P.3d 669, review denied, 184 Wash. 2d 1015 (2015) (awarding attorney fees to guardian
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No. 36649-9-III
In re Guardianship of Wilkins
who defended appeal by ward’s former attorney who sought to “vindicate” ward’s due
process rights).
Ms. Stack’s criticisms of Ms. Vrabel’s arguments on appeal are well taken.
We therefore grant Ms. Stack’s request for fees and costs pursuant to RAP 18.1(a) and
RCW 11.96A.150 (Attorney fees are available in guardianship matters “in such amount
and in such manner as the court determines to be equitable.”).
CONCLUSION
The superior court’s order denying revision of the appointment of Ms. Stack as
guardian of Ms. Wilkins’s person and estate is affirmed. Ms. Stack’s request for attorney
fees and costs is granted subject to her timely compliance with RAP 18.1(d).
A majority of the panel has determined this opinion will not be printed in the
Washington Appellate Reports, but it will be filed for public record pursuant to
RCW 2.06.040.
_________________________________
Pennell, J.
WE CONCUR:
______________________________ _________________________________
Lawrence-Berrey, C.J. Fearing, J.
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