14-5314

14-5314. Compensation of appointees;
definitions

A. If not otherwise compensated for services rendered, an investigator, accountant,
lawyer, physician, registered nurse, psychologist or guardian who is appointed pursuant
to this article, including an independent lawyer representing the alleged incapacitated
person pursuant to section 14-5303, subsection C, is entitled to reasonable compensation
from the estate of the ward if the petition is granted, or from the petitioner if the
petition is denied.

B. If the petitioner withdraws the petition or if the petition is dismissed because
of the petitioner's failure to prosecute, the court may order that the compensation of
the investigator, accountant, lawyer, physician, registered nurse, psychologist or
guardian appointed pursuant to this article, including an independent lawyer representing
the alleged incapacitated person pursuant to section 14-5303, subsection C, be paid
either from the ward's estate or by the petitioner, depending on the facts and
circumstances. In making this determination, the court may consider any evidence it deems
appropriate.

C. A lawyer who is employed by the guardian to represent the guardian in the
guardian's appointment or duties as guardian is entitled to reasonable compensation from
the ward's estate if the petition is granted. If the petitioner withdraws the petition or
if the court dismisses the petition because of the petitioner's failure to prosecute, the
court may order that the compensation of the proposed guardian's lawyer be paid either
from the ward's estate or by the petitioner, depending on the facts and circumstances. In
making these determinations, the court may consider any evidence it deems appropriate.

D. A lawyer who is employed by the petitioner to represent the petitioner in
seeking the appointment of a guardian is entitled to reasonable compensation from the
ward's estate if the petition is granted.

E. If the court compensates the provider of a service, the court may charge the
estate for the reasonable cost of the service and shall deposit these monies in the
probate fund pursuant to section 14-5433.

F. If compensation by the ward or the petitioner is not feasible the court shall
determine and pay reasonable compensation for services rendered by an investigator,
accountant, lawyer, physician, registered nurse, psychologist or guardian appointed in a
guardianship proceeding.

G. For the purposes of this section:

1. "Guardian" includes both a guardian and a temporary guardian.

2. "Petition" means a petition filed pursuant to section 14-5303, subsection A or
section 14-5310, subsection A.

3. "Ward" includes an alleged incapacitated person.