14-5414

14-5414. Compensation and expenses;
definitions

A. If not otherwise compensated for services rendered, any investigator,
accountant, lawyer, physician, registered nurse, psychologist or conservator who is
appointed in a protective proceeding, including a lawyer of the person alleged to be in
need of protection pursuant to section 14-5407, subsection B, is entitled to reasonable
compensation from the estate of the protected person if the petition is granted or from
the petitioner if the petition is denied.

B. 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 investigator, accountant, lawyer, physician, registered nurse,
psychologist or conservator who is appointed pursuant to this article, including a lawyer
of the person alleged to be in need of protection pursuant to section 14-5407, subsection
B, be paid either from the protected person'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.

C. A lawyer who is employed by the conservator to represent the conservator in the
conservator's appointment or duties as conservator is entitled to reasonable compensation
from the estate if the petition is granted. 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 proposed conservator's lawyer be paid either from
the protected person's estate or by the petitioner, depending on the facts and
circumstances. In determining which party shall pay, 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 conservator is entitled to reasonable compensation from the
protected person's estate if the petition is granted.

E. If the court pays for any of these services it may charge the estate for
reasonable compensation. The clerk shall deposit monies it collects in the probate fund
pursuant to section 14-5433.

F. Compensation payable to the department of veterans' services, when acting as a
conservator of the estate of a veteran or a veteran's surviving spouse or minor child or
the incapacitated spouse of a protected veteran, shall not be more than five per cent of
the amount of monies received during the period covered by the conservatorship. A copy
of the petition and notice of hearing shall be given to the proper officer of the
veterans administration in the manner provided in the case of any hearing on a guardian's
account or any other pleading. A commission or compensation is not allowed on the
monies or other assets received from a prior conservator or on the amount received from
liquidation of loans or other investments.

G. For the purposes of this section:

1. "Conservator" includes a conservator, temporary conservator or special
conservator.

2. "Petition" means a petition filed pursuant to section 14-5401.01, subsection A
or section 14-5404, subsection A.

3. "Protected person" includes a person who is alleged to be in need of protection.