Hourly Rate as of October 1, 2023, from the Guardianship Fund: 1) Attorneys serving as a guardian, conservator, special conservator, guardian ad litem or visitors. $110 (Administrative Order 23-01) 2) Participants in the Non-Lawyer Pilot Program serving as a guardian. $80 3) Medical doctors appointed by Superior Court to serve as an examiner and make a capacity assessment. $120 (Administrative Order 23-19) 4) All other licensed health care professionals serving as an examiner. $95 (Administrative Order 23-19) 5) Non-lawyers appointed by the court as a visitor, who conduct a special, independent investigation into specific issues raised by the petition. $100 (Administrative Order 23-19)

Petitions for compensation are generally considered by the Court within 60 days of filing.

Pursuant to Superior Court, Probate Division Rule 225(a), a guardian may elect to claim an ordinary commission in an interim account for ordinary services rendered not to exceed 5% of the amounts disbursed from the estate of the minor. The commission cannot be paid until the account is approved. Pursuant to Superior Court, Probate Division Rule 225(d), for final accounts, a guardian may elect to claim ordinary and turnover commissions in an amount not to exceed 5% of the net assets to be turned over to the minor who has now emancipated. The amount or percentage requested need only be reflected in the account.

A petition requesting compensation from the Guardianship Fund must be filed to obtain a court order authorizing such compensation.

After a court order is issued approving the petition for compensation, payment is effected in collaboration with the Budget & Finance Division.

There is no form for this pleading for most requests for compensation due to the specific requirements that pertain to the role of the petitioner. However, there is a Petition for Compensation of Visitor or Examiner, and detailed information about what needs to be contained in a petition requesting compensation is in included in Superior Court, Probate DivisionRule 308.

The estate assets, if sufficient, or the Guardianship Fund, if the ward’s assets would otherwise be depleted. In rare cases, the Court has awarded fees from a third-party petitioner when a petitioner has failed to follow through after filing an intervention petition.

Henok Araya v. Aida Keleta and Frances Hom, 24 A.2d 665; 2011 DC App. LEXIS 466; 09-PR-1561, DCC.A., 7-14-11 (2009 INT 261)

Shortly after receipt of an order awarding payment of compensation or fees from the Guardianship Fund, you may track the status of the payment by logging onto the DC Court Web Voucher System

No. If an attorney is retained by a petitioner and the petitioner pays the attorney with petitioner’s own funds, no petition for compensation is necessary.

In re Grealis, In re Irma Sams, In re Mary Nazarczuk, 902 A.2d 821; 2006 DC App. LEXIS 414, 03-PR-963, 03-PR-965, 04-PR-169, DCC.A., 7-13-06 (2002 INT 359, 2002 INT 225, 1999 INT 205)

Call the Auditing Branch Deputy Clerk at (202) 879-9419, and explain the situation. Do not call the Budget and Finance Division.