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.

Any guardian of one for whom a conservator also has been appointed shall control the custody and care of the ward and is entitled to receive reasonable sums for his services and for room and board furnished to the ward as agreed upon between him and the conservator, provided the amounts agreed upon are reasonable under the circumstances. The guardian may request the conservator to expend the ward’s estate by payment to third persons or institutions for the ward’s care and maintenance.  In other situations, a guardian is entitled to reasonable compensation upon court approval.

A conservator is entitled to reasonable compensation from the estate for services rendered and expenses incurred

Idaho Code Ann. § 15-5-312
Idaho Code Ann. § 15-5-314
Idaho Code Ann. § 15-5-414

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