Compensation for services as guardian of the estate shall be allowed not more frequently than annually, upon application and entry, and shall be supported by calculations and documentation. The following schedule shall apply as a guideline, unless extraordinary compensation is requested:
- For the first $200,000.00 of income 3.0%;
- For the first $200,000.00 of expenditures 3.0%;
- For expenditures in excess of $200,000.00 2.0%;
- Upon the fair market value of the principal 0.2%.
A guardian of an estate shall be permitted a minimum annual fee of $500.00.
Balances carried forward from one accounting period to another shall not be considered income. Investment of funds shall not be considered expenditures. Final distribution of unexpended balances to a ward at the close of a guardianship shall be considered as expenditures.
For purposes of computing a guardian's compensation as herein provided, the fair market value of the principle shall be determined by the guardian as of the last day of the month the guardian is appointed and annually thereafter, or such other date the Court may approve upon application. The compensation so determined may be charged during the ensuing year. The annual principle valuation shall be adjusted from time to time to reflect additions to and withdrawals from the principle of the estate, and the compensation for the remaining portion of the annual period shall be similarly adjusted to reflect such revised valuation.
When a guardian is applying tor compensation as guardian of the person, the guardian shall consider the factors set forth in Sup.R. 73. The application for compensation should address each applicable factor (itemization of expenses, additional compensation, apportionment of the aggregate compensation between co-guardians and denial or reduction). All applications for compensation as guardian of the person shall contain a good faith estimate of the number of hours expended by the guardian during the period covered by the fee application.
The compensation of co-guardians, when separate parties are appointed as guardian of person and guardian of the estate shall not exceed the compensation that would be allowed to one guardian. In the event co-guardians cannot agree on the division of the compensation, the Court shall determine an equitable allocation of any guardian compensation awarded.
Compensation for services as guardian of an indigent ward may be paid from the indigent guardianship fund. Before payments will be approved from the indigent guardianship fund an Affidavit of Indigency must be filed in the case. The maximum hourly rate for compensation paid from the indigent guardianship fund is the hourly rate established for payments made to assigned counsel and guardians ad litem in the Juvenile Division of this Court, unless otherwise ordered in a particular case. Time shall be reported in tenths of an hour (6 minute increments). In no case shall guardian’s compensation be paid from the county indigent guardianship fund where the guardian is related by blood or marriage to the ward or where the guardian or his/her employer receives compensation from third parties for guardianship services.