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.
Subject to the discretion and approval of the court guardian must be allowed reasonable compensation for his or her services; necessary and reasonable expenses incurred in exercising the authority and performing the duties of a guardian; and reasonable expenses incurred in retaining accountants, attorneys, appraisers or other professional services.
Reasonable compensation and services must be based upon similar services performed for persons who are not under a legal disability. In determining whether compensation is reasonable, the court may consider the nature of the guardianship; the type, duration and complexity of the services required; and any other relevant factors.
Any compensation or expenses must not be paid from the estate of the protected person unless and until the payment of such fees is approved by the court. A guardian is not allowed compensation or expenses resulting from a successful petition to have him or her removed as guardian.
