Rule 10 Guardian and Attorney Fees and Expenses
Rule Text
When Permitted. A guardian, or an attorney who has rendered services to the ward or to the guardian on the ward’s behalf, is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward. Considerations. When fees for a guardian or an attorney are submitted to the court for determination, the court shall consider the following criteria:
(1) The time and labor required;
(2) The novelty and difficulty of the questions involved and the skill required to perform the services properly;
(3) The fee customarily charged in the Commonwealth for similar services;
(4) The nature and value of the ward’s property, the amount of income earned by the estate, and the responsibilities and potential liabilities assumed by the guardian or attorney;
(5) The results of the services rendered;
(6) The time limits imposed by the circumstances;
(7) The nature and length of the relationship with the ward; and
(8) The experience, reputation, diligence, and ability of the person performing the service. Conflicts of Interest. In awarding fees, the court must clearly determine that no conflict of interest exists. Legal Assistants. Fees for legal services may include customary and reasonable charges for work performed by legal assistants employed by and working under the direction of the attorney. Itemized Description. All petitions for guardian and attorney fees and expenses must be accompanied by an itemized description of the services performed for the fees and expenses sought to be recovered. Amount Included. A petition for fees shall include the period covered and the total amount of all prior fees paid or costs awarded to the petitioner in the guardianship proceeding currently before the court. Paid from Estate. When court proceedings are instituted to review or determine fees of a guardian or an attorney, such proceedings are part of the guardianship administration process and the costs, including costs and attorney fees for the guardian’s attorney, or an attorney who has rendered services to the ward, shall be determined by the court and paid from the assets of the guardianship estate unless the court finds the requested compensation to be substantially unreasonable.