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Fees - Are there any restrictions upon the amount of compensation the Court will award to paralegals, legal assistants, and law clerks?

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.

Fees - Can a petitioner be reimbursed for legal fees paid to file a Petition for a General Proceeding?

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

Fees - Can payment for mileage be claimed?

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.

Fees - Can payment for travel time and mileage to and from Court be claimed?

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

Fees - Can payment for travel time be claimed?

Yes, the Court may, in its discretion, approve compensation for ordinary travel time within the Washington, DC, Metropolitan area if the claim is reasonable. Travel time 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. Travel time must be in tenths of an hour. Travel time from an office outside the Washington, DC, Metropolitan area may not be compensable.

Serving as a Guardian of a Minor -The guardian will not respond. What do I do?

It depends upon your relationship to the case and what you are asking the guardian to do. If the minor’s money is needed for care of the minor and you are the caretaker of the child, petition the Court to approve the expenditure. However, be advised that the Court will wish to know that the expenditure is in the best interests of the child in the view of the guardian.