Excessive Fees

Probate Code

Guardians and conservators (aka guardians of the estate) are generally entitled to reasonable compensation for their work. State statutes limit the fees to a certain amount which cannot be exceeded without prior court approval.  Others just permit reasonable compensation and allow courts to interpret what constitutes excessive compensation.

If not otherwise compensated for services rendered, any visitor, attorney, qualified health care professional or guardian appointed in a guardianship proceeding is entitled to reasonable compensation from the estate of the incapacitated person.

N.M. Stat. § 45-5-105

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