Fickett v. Superior Court of Pima County
Arizona Court of Appeals
558 P.2d 988 (1976)
Attorney Fred Fickett (defendant) helped investment advisor Herbert Schwager get appointed guardian of the $1.3 million estate of Lillian Styer, an elderly woman unable to manage her own finances. Over the next three years, Schwager converted most of Styer's assets to his own use. After Schwager was removed as guardian, his replacement, Dean Christoffel (plaintiff), sued Fickett and his firm for negligently failing to catch Schwager's misappropriation. Fickett moved for summary judgment, arguing he owed no duty to Styer since he represented only Schwager and there was no fraud or collusion between them. The trial court denied the motion, and Fickett appealed.
Whether an attorney who represents the guardian of an incompetent person also owes a duty to the ward to ensure the guardian is properly managing the ward's assets.