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.
Both guardians and conservators may receive reasonable and necessary compensation from the estate of the protected person. To determine whether compensation is reasonable and necessary, courts may consider the following factors:
- Whether the services provided any benefit or attempted to advance the best interest of the ward or protected person.
- The usual and customary fees charged in the relevant professional community for the services.
- The size and composition of the estate.
- The extent that the services were provided in a reasonable, efficient and cost-effective manner.
- Whether there was appropriate and prudent delegation to others.
- Any other factors bearing on the reasonableness of fees.
The person seeking compensation has the burden of proving the reasonableness and necessity of compensation and expenses sought.
Any guardian of a ward 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 the guardian's 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 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.