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.

A guardian’s plan provided to the court for approval must include a statement or list of the amount the guardian proposes to charge for each service the guardian anticipates providing to the adult.

A conservator’s plan provided to the court for approval must include a budget setting forth projected expenses and resources, including an estimate of the total amount of fees the conservator anticipates charging per year and a statement or list of the amount the conservator proposes to charge for each service the conservator anticipates providing to the individual subject to conservatorship.

Me. Stat. tit. 18-C § 5-316
Me. Stat. tit.18-C § 5-419

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