Justice Mary Work
Krembs sought to be appointed guardian of the person and property of her daughter Rose, who was diagnosed with an inoperable malignant brain tumor resulting in significant deterioration in her cognitive capacity and overall functioning. Attorney Kovacs was assigned as Rose’s counsel. Krembs’ counsel, Yastion, previously oversaw the execution of Rose’s power of attorney he prepared in Krembs’ favor. Kovacs requested Yastion withdraw from representing Krembs, but he refused. Yastion sought Kovacs’ disqualification, but the court denied such petition finding it completely without merit. It noted Yastion executed the power of attorney stating he believed Rose was competent at the time, yet two months later drafted a petition on Krembs’ behalf for the appointment of a guardian. Yasation alleged he had no attorney-client relationship with Rose, but the court believed otherwise, noting he gave her legal advice, thus should not have undertaken to represent Krembs, but should have withdrawn as counsel when requested to do so. However, as he moved to discontinue the guardianship application, the court dismissed the motion to remove Yastion as moot, but, it granted Kovacs’ motion for legal fees by Krembs, as Rose’s court-appointed attorney.
