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.

When the court determines that a guardian or conservator has rendered necessary services or has incurred necessary expenses for the benefit of the person subject to guardianship or conservatorship, the court may order reimbursement or compensation to be paid from the estate of the person subject to guardianship or conservatorship or from the county having jurisdiction over the guardianship or protective proceeding if the person subject to guardianship or conservatorship is indigent. The court may not deny an award of fees solely because the person subject to guardianship or conservatorship is a recipient of medical assistance. In determining compensation for a guardian or conservator of an indigent person, the court shall consider a fee schedule recommended by the Board of County Commissioners. The fee schedule may also include a maximum compensation based on the living arrangements of the person subject to guardianship or conservatorship. If these services are provided by a public or private agency, the county may contract on a fee-for-service basis with that agency.

Minn. Stat. § 524.5-502

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