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 a person 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 or her services, and for room and board furnished to the ward as agreed upon between the guardian and the conservator, if the amounts agreed upon are reasonable under the circumstances.

The reasonable fees and costs of a conservator appointed by the court for the person to be protected shall be allowed, disallowed, or adjusted by the court, and may be paid from the estate of the protected person if the protected person possesses an estate.  If the protected person has no estate, the conservator's fees shall be paid by the county in which the proceedings are brought or by the petitioner as costs of the action.

Neb. Rev. Stat. § 30-2643
Neb. Rev. Stat. § 30-2628(b)

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