Rule 132-A - Fiduciary Compensation for Individual GuardiansThis rule shall apply to compensation for individual guardians of the person and/or property in adult guardianships (referred to herein as a "guardian"). It shall not apply to fee-for-service guardians, the Office of Public Guardian, guardianships over the property of minors, or situations where compensation of the guardian has been established via an estate planning instrument.
As used in this rule the term "accounting period" means a period of six (6) months for the guardian's first accounting and of one (1) year for all subsequent accountings.
Subject to the provisions of any valid agreement determining compensation approved by the Court, and subject in any case to increase or decrease by the Court for cause appearing sufficient to the Court, a guardian shall be entitled to the following compensation for services:
(a) Allowable compensation. - With Court approval, a guardian shall be entitled to compensation of $250 for guardianship services for any six (6) month accounting period, and $500 for guardianship services provided for any one (1) year accounting period, to be charged against guardianship income to the extent collectible. A guardian seeking compensation in excess of the allowable compensation amount for services provided for any one (1) accounting period may petition the Court who, in its discretion, will consider the amount and character of the guardianship property, the extent of the risk and responsibility of the guardian, the character of the services rendered, the degree of difficulty in administering the guardianship, the skill and success of the administration, and any other relevant and material circumstances.(b) The charge and collection of compensation for one (1) or more accounting periods may from time to time be deferred, either at the guardian's request or at the Court's discretion; in such cases, the compensation approved by the Court shall be entered on the case docket, along with a notation of the accumulated amount of such compensation approved but not actually charged or collected.(c) Co-Guardians. -- The compensation to be allowed to each of two (2) or more co-guardians of the person or property for any accounting period shall be as the Court in its discretion may determine, considering the amount and character of the guardianship property, the extent of the risk and responsibility of each guardian, the character of the services rendered by each guardian, the degree of difficulty in administering the guardianship, the skill and success of the administration, and any other relevant and material circumstances. The compensation allowed each co-guardian, upon petition, may exceed the allowable compensation for a single guardian under subsection(a), at the discretion of the Court.Adopted October 18, 2021, effective 12/1/2021.