Bill Text: MN SF655 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Guardian and conservator compensation and expenses clarification
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-09 - Referred to Judiciary and Public Safety [SF655 Detail]
Download: Minnesota-2011-SF655-Introduced.html
1.2relating to guardianship; clarifying certain compensation provisions;amending
1.3Minnesota Statutes 2010, section 524.5-502.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 524.5-502, is amended to read:
1.6524.5-502 COMPENSATION AND EXPENSES.
1.7(a) The court may authorize a proceeding under this article to proceed in forma
1.8pauperis, as provided in chapter 563.
1.9(b) In proceedings under this article, a lawyer or health professional rendering
1.10necessary services with regard to the appointment of a guardian or conservator, the
1.11administration of the ward's or protected person's estate or personal affairs, or the
1.12restoration of that person's capacity or termination of the protective proceeding shall be
1.13entitled to compensation from the ward's or protected person's estate or from the county
1.14having jurisdiction over the proceedings if the ward or protected person is indigent. When
1.15the court determines that other necessary services have been provided for the benefit of the
1.16ward or protected person by a lawyer or health professional, the court may order fees to be
1.17paid from the estate of the ward or protected person or from the county having jurisdiction
1.18over the proceedings if the ward or protected person is indigent. If, however, the court
1.19determines that a petitioner, guardian, or conservator has not acted in good faith, the court
1.20shall order some or all of the fees or costs incurred in the proceedings to be borne by the
1.21petitioner, guardian, or conservator not acting in good faith. In determining compensation
1.22for a guardian or conservator of an indigent person, the court shall consider a fee schedule
1.23recommended by the Board of County Commissioners. The fee schedule may also include
1.24a maximum compensation based on the living arrangements of the ward or protected
2.1person. If these services are provided by a public or private agency, the county may
2.2contract on a fee-for-service basis with that agency.
2.3(c) When the court determines that a guardian or conservator has rendered necessary
2.4services or has incurred necessary expenses for the benefit of the ward or protected person,
2.5the court may order reimbursement or compensation to be paid from the estate of the
2.6ward or protected person or from the county having jurisdiction over the guardianship
2.7or protective proceeding if the ward or protected person is indigent. The court may not
2.8deny an award of fees solely because the ward or protected person is a recipient of
2.9medical assistance. In determining compensation for a guardian or conservator of an
2.10indigent person, the court shall consider a fee schedule recommended by the Board of
2.11County Commissioners. The fee schedule may also include a maximum compensation
2.12based on the living arrangements of the ward or protected person. If these services are
2.13provided by a public or private agency, the county may contract on a fee-for-service
2.14basis with that agency.
2.15(d) The court shall order reimbursement or compensation if the guardian or
2.16conservator requests payment and the guardian or conservator was nominated by the court
2.17or by the county adult protection unit because no suitable relative or other person was
2.18available to provide guardianship or protective proceeding services necessary to prevent
2.19maltreatment of a vulnerable adult, as defined in section626.5572, subdivision 15 . In
2.20determining compensation for a guardian or conservator of an indigent person, the court
2.21shall consider a fee schedule recommended by the Board of County Commissioners. The
2.22fee schedule may also include a maximum compensation based on the living arrangements
2.23of the ward or protected person. If these services are provided by a public or private
2.24agency, the county may contract on a fee-for-service basis with that agency.
2.25(e) When a county employee serves as a guardian or conservator as part of
2.26employment duties, the court shall order compensation if the guardian or conservator
2.27performs necessary services that are not compensated by the county. The court may order
2.28reimbursement to the county from the ward's or protected person's estate for compensation
2.29paid by the county for services rendered by a guardian or conservator who is a county
2.30employee but only if the county shows that after a diligent effort it was unable to arrange
2.31for an independent guardian or conservator.
1.3Minnesota Statutes 2010, section 524.5-502.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 524.5-502, is amended to read:
1.6524.5-502 COMPENSATION AND EXPENSES.
1.7(a) The court may authorize a proceeding under this article to proceed in forma
1.8pauperis, as provided in chapter 563.
1.9(b) In proceedings under this article, a lawyer or health professional rendering
1.10necessary services with regard to the appointment of a guardian or conservator, the
1.11administration of the ward's or protected person's estate or personal affairs, or the
1.12restoration of that person's capacity or termination of the protective proceeding shall be
1.13entitled to compensation from the ward's or protected person's estate or from the county
1.14having jurisdiction over the proceedings if the ward or protected person is indigent. When
1.15the court determines that other necessary services have been provided for the benefit of the
1.16ward or protected person by a lawyer or health professional, the court may order fees to be
1.17paid from the estate of the ward or protected person or from the county having jurisdiction
1.18over the proceedings if the ward or protected person is indigent. If, however, the court
1.19determines that a petitioner, guardian, or conservator has not acted in good faith, the court
1.20shall order some or all of the fees or costs incurred in the proceedings to be borne by the
1.21petitioner, guardian, or conservator not acting in good faith. In determining compensation
1.22for a guardian or conservator of an indigent person, the court shall consider a fee schedule
1.23recommended by the Board of County Commissioners. The fee schedule may also include
1.24a maximum compensation based on the living arrangements of the ward or protected
2.1person. If these services are provided by a public or private agency, the county may
2.2contract on a fee-for-service basis with that agency.
2.3(c) When the court determines that a guardian or conservator has rendered necessary
2.4services or has incurred necessary expenses for the benefit of the ward or protected person,
2.5the court may order reimbursement or compensation to be paid from the estate of the
2.6ward or protected person or from the county having jurisdiction over the guardianship
2.7or protective proceeding if the ward or protected person is indigent. The court may not
2.8deny an award of fees solely because the ward or protected person is a recipient of
2.9medical assistance. In determining compensation for a guardian or conservator of an
2.10indigent person, the court shall consider a fee schedule recommended by the Board of
2.11County Commissioners. The fee schedule may also include a maximum compensation
2.12based on the living arrangements of the ward or protected person. If these services are
2.13provided by a public or private agency, the county may contract on a fee-for-service
2.14basis with that agency.
2.15(d) The court shall order reimbursement or compensation if the guardian or
2.16conservator requests payment and the guardian or conservator was nominated by the court
2.17or by the county adult protection unit because no suitable relative or other person was
2.18available to provide guardianship or protective proceeding services necessary to prevent
2.19maltreatment of a vulnerable adult, as defined in section
2.20determining compensation for a guardian or conservator of an indigent person, the court
2.21shall consider a fee schedule recommended by the Board of County Commissioners. The
2.22fee schedule may also include a maximum compensation based on the living arrangements
2.23of the ward or protected person. If these services are provided by a public or private
2.24agency, the county may contract on a fee-for-service basis with that agency.
2.25(e) When a county employee serves as a guardian or conservator as part of
2.26employment duties, the court shall order compensation if the guardian or conservator
2.27performs necessary services that are not compensated by the county. The court may order
2.28reimbursement to the county from the ward's or protected person's estate for compensation
2.29paid by the county for services rendered by a guardian or conservator who is a county
2.30employee but only if the county shows that after a diligent effort it was unable to arrange
2.31for an independent guardian or conservator.
