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.
The fiduciary may receive reasonable compensation for services rendered. The court shall set the actual compensation to be paid, taking into account:
(1) The complexity of the property of the minor or person with a disability;
(2) The amount of time the fiduciary spent in performing fiduciary duties;
(3) Whether the fiduciary had to take time away from the fiduciary's normal occupation;
(4) Whether the services provided the minor or person with a disability are those the fiduciary should normally have provided had there been no need for a fiduciary, and
(5) Such other matters as the court deems appropriate.
No compensation to the fiduciary shall be paid without prior court approval.
