A general guardian has full legal power to handle all medical, legal, and residency matters on behalf of a ward for the ward’s lifetime or until the guardian resigns or is removed by the Court. A limited guardian can only handle specific medical care or legal issues as directed by the Court. There are three kinds of temporary guardian: an emergency guardian for no longer than 21 days when there is a life-threatening situation or a situation involving emergency care, a health care guardian for up to 90 days, or a provisional guardian for up to 6 months when the guardian in place is not effectively performing his or her duties.
According to DC Code, sec. 19-1502, a disclaimer is the refusal to accept an interest in or power over property. It is a document that allows a person who inherits an interest in a trust or estate to disclaim that interest. The effect of a disclaimer is that it extinguishes the interest of the person who disclaimed as if it had never existed and the interest passes to the person who would have received it if the person who disclaimed had never existed.
Yes, the rate is usually $45 per hour when the Court grants such petitions for compensation from the Guardianship Fund. If the individual has specific qualifications or specialized training that justify a higher rate of compensation, those qualifications or the specialized training should be explained in detail in the petition for compensation. Note that requests for compensation for a person functioning as second chair are not likely to be approved.
See In re Brenda J. Wilson and In re Irene Mason, 139 WLR 2753 (DC Superior Court, December 27, 2011); In re Timothy Lynear, 2002 INT 246, 1-13-12 order; In re Matilda Maiden, 2009 INT 243, 1-5-12 order; In re Martha Lee Leathers, 2008 INT 301, 1-13-12 order; In re Vanessa Monroe, 1994 INT 48, 4-5-11 order
Yes, a family member who is a guardian and/or conservator can file a petition for compensation. In general, the Court will consider fees claimed for fiduciary decision-making, administrative advocacy, or supervision of other care providers if they are reasonable; however, the Court has not been awarding fees for personal services provided by a family member, such as bathing, combing hair, feeding, caring for the ward’s pet, and other similar services.
In re Taha Al-Baseer, 19 A.3d 341, 2011 DC App. LEXIS 231, 10-PR-225, DCC.A., 5-12-11 (2002 INT 276); In re Claudette R. Boyd, 2009 INT 50, 8-5-11; In re Jesse Payton, 2010 INT 77, 8-4-11 order; In re Lena Hawkins, 2010 INT 266, 1-9-12 order; In re Ada Jackson, 2010 INT 93, 1-4-12 order
The threshold date for payment of fees is the date of the guardian’s and/or conservator’s appointment.
Sullivan v. DC, 829 A.2d 221 (DC 2003), pages 228-229
In accordance with Superior Court, Probate Division Rule 308, both are entitled to reasonable compensation for services rendered. A fee petition must be filed.
Yes, if the Court finds the Petition for a General Proceeding to be meritorious and approves the request. The request must be approved by the Court before the fees are reimbursed. Failure to obtain prior Court approval could result in removal. It is recommended that a petition for compensation completed by counsel accompany any petition for approval of such an expenditure.
In re Randolph Brevard, Sr., 2011 INT 44, 8-5-11 order; In re Leon M. Stanard, 2011 INT 20, May 26, 2011 order
Yes, if you file a petition for reimbursement, and the expenses are approved by the Court.
Yes, the Court may, in its discretion, approve compensation for mileage within the Washington, DC, Metropolitan area if the claim is reasonable. Travel time and mileage must be detailed separately in the petition for compensation and cannot be included in the service rendered at the destination. The date, time, distance traveled, location, and the purpose of the travel must be stated. The Court rate for mileage is currently 51 cents per mile, the rate paid to attorneys on the CCAN and CJA panels.
See In re Brenda J. Wilson and In re Irene Mason, 139 WLR 2753 (DC Superior Court, December 27, 2011); In re Alice Bush, 2008 INT 286, 2-3-12 order; In re Fred T. Darson, 2011 INT 328, 1-12-12 order; In re Robert Washington, 2008 INT 79, 1-12-12 order; In re Ruby McDougald, 2008 INT 63, 1-12-12 order
Travel time and mileage to and from Court is not compensated in accordance with the practice in CCAN and CJA cases.
See In re Brenda J. Wilson and In re Irene Mason, 139 WLR 2753 (DC Superior Court, December 27, 2011); In re Alice Bush, 2008 INT 286, 2-3-12 order; In re Fred T. Darson, 2011 INT 328, 1-12-12 order; In re Robert Washington, 2008 INT 79, 1-12-12 order; In re Ruby McDougald, 2008 INT 63, 1-12-12 order