14-5109. Disclosure of compensation; determining reasonableness and necessity

283 words·~1 min read·/az/title-14/14-5109

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. When a guardian, a conservator, an attorney or a guardian ad litem who intends to seek compensation from the estate of a ward or protected person first appears in the proceeding, that person must give written notice of the basis of the compensation by filing a statement with the court and providing a copy of the statement to all persons entitled to notice pursuant to sections 14-5309 and 14-5405. The statement must provide a general explanation of the compensation arrangement and how the compensation will be computed.

B. If during the pendency of the action the basis for compensation changes, the guardian, conservator, attorney or guardian ad litem must provide notice of the change to all persons entitled to notice pursuant to this subsection not less than thirty days before the change becomes effective.

C. Compensation paid from an estate to a guardian, conservator, attorney or guardian ad litem must be reasonable and necessary. To determine the reasonableness and necessity of compensation, the court must consider the best interest of the ward or protected person. The following factors may be considered to the extent applicable:

1. Whether the services provided any benefit or attempted to advance the best interest of the ward or protected person.

2. The usual and customary fees charged in the relevant professional community for the services.

3. The size and composition of the estate.

4. The extent that the services were provided in a reasonable, efficient and cost-effective manner.

5. Whether there was appropriate and prudent delegation to others.

6. Any other factors bearing on the reasonableness of fees.

D. The person seeking compensation has the burden of proving the reasonableness and necessity of compensation and expenses sought.