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.
After a court order is issued approving the petition for compensation, payment is effected in collaboration with the Budget & Finance Division.
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)
DC Code, sec. 21-2060, as amended in October 2008, provides a presumption of depletion when the person or ward:Qualifies for federal SSI under Title XVI of the Social Security Act Qualifies for Medicaid or Medicaid expansion programs as allowed by federal, state, or local programs Qualifies for other means-tested public assistance programs as allowed by federal, state, or localrequirements including Temporary Assistance for Needy Families, Interim Disability AssistFood Stamps, and DC Healthcare Alliance Qualifies for federal disability benefitsH as been found to be unable to pay for habitation, care, or legal services by any branch of the Superior Court of the District of Columbia I f none of the above, the person or ward may establish by affidavit or other proof satisfactory to the Court the inability to pay any costs without substantial financial hardship to himself or herself or his or her family
Additional guidance is provided in the case annotations to the statutory provision. See In re Lizzie Mitchell, 121 WLR 541 (Super. Ct. 1993).
A motion for leave to late file the petition for compensation can be filed. The original petition for compensation must be attached. There is a $20.00 filing fee for the motion (by check payable to the “Register of Wills”).
A motion for leave to late file the petition for compensation can be filed. The original petition for compensation must be attached. There is a $20.00 filing fee for the motion (by check payable to the “Register of Wills”).
The petition should describe the services provided, state the amount requested, be supported by a detailed statement of services, the dates provided, and the time that each service took (rounded to no more than a tenth of an hour), and be accompanied by a proposed order with envelopes or mailing labels for every involved party. Refer to Superior Court, Probate Division Rule 308 for specific additional details regarding filing requirements and to Estate of Torchiana, 121 WLR 2477 (Super. Ct. 1993).
It is a fund of money established by the District of Columbia for payment for services rendered on behalf of persons whose funds would be depleted by payment of fees. See DC Code, sec. 21-2060.
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)
DC Code, sec 21-2060 and Superior Court, Probate Division Rule 308 contain more specific information. Superior Court, Probate Division Rule 308(c)(3) requires the filing of an interim petition for compensation for establishing a guardianship or conservatorship or entry of a protective order promptly upon conclusion of the hearing establishing the guardianship, conservatorship, or protective arrangement but not later than 90 days thereafter.Superior Court, Probate Division Rule 308(c)(2) restricts conservators to filing petitions for compensation either with the annual account or prior to its approval.Superior Court, Probate Division Rule 308(c)(1) restricts guardians to filing petitions for compensation no later than 30 days from the anniversary date of the guardian’s appointment. A guardian’s final petition for compensation must be filed no later than 60 days after termination of the guardianship.