Fees - How does one obtain payment from the Guardianship Fund?
A petition requesting compensation from the Guardianship Fund must be filed to obtain a court order authorizing such compensation.
Probate - General
Fees - Once the request is approved, how is payment effected?
After a court order is issued approving the petition for compensation, payment is effected in collaboration with the Budget & Finance Division.
Fees - How do I prepare a petition requesting compensation?
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.
Fees - What are the potential sources of payment of fees?
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)
Fees - How am I able to track the status of a payment award which has been ordered to be paid from the Guardianship Fund?
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
Fees - Does a petition for compensation need to be filed when an attorney is retained by a petitioner and paid from the petitioner’s funds?
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)
Fees - If a court order has been issued awarding fees, payment is not received, and more than 30 days have passed since the order was signed, what should be done?
Call the Auditing Branch Deputy Clerk at (202) 879-9419, and explain the situation. Do not call the Budget and Finance Division.
Fees - Do I file a petition for turnover commission?
No. A petition for turnover commission is not ordinarily required. Note the following exceptions: (1) If the guardianship terminates because of the guardian’s death, resignation, or incapacity, a statement of services shall be filed in support of the turnover commission claims.
Fees - If a petitioner hires a doctor and/or social worker to examine the subject to provide testimony at the initial hearing, must a fee petition covering their fees be filed?
Yes, if the doctor or social worker is seeking payment from the subject’s assets or the guardianship fund. See Petition for Compensation of Visitor or Examiner.
Fees - Must a petition for compensation be served on other parties before it can be filed with the court?
Yes, pursuant to Superior Court, Probate Division Rule 308(c)(4), a petition for compensation may not be filed with the court unless it has been served at least twenty (20) calendar days prior to the filing of the petition. The petition shall be accompanied by a certificate of service showing compliance with the requirement.