HF 952

as introduced - 87th Legislature (2011 - 2012) Posted on 03/09/2011 09:23am

A bill for an act
relating to guardianship; clarifying certain compensation provisions; amending
Minnesota Statutes 2010, section 524.5-502.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 524.5-502, is amended to read:

524.5-502 COMPENSATION AND EXPENSES.

(a) The court may authorize a proceeding under this article to proceed in forma
pauperis, as provided in chapter 563.

(b) In proceedings under this article, a lawyer or health professional rendering
necessary services with regard to the appointment of a guardian or conservator, the
administration of the new text begin ward's or new text end protected person's estate or personal affairs, or the
restoration of that person's capacity or termination of the protective proceeding shall be
entitled to compensation from the new text begin ward's or new text end protected person's estate or from the county
having jurisdiction over the proceedings if the ward or protected person is indigent. When
the court determines that other necessary services have been provided for the benefit of the
ward or protected person by a lawyer or health professional, the court may order fees to be
paid from the estate of the new text begin ward or new text end protected person or from the county having jurisdiction
over the proceedings if the ward or protected person is indigent. If, however, the court
determines that a petitioner, guardian, or conservator has not acted in good faith, the court
shall order some or all of the fees or costs incurred in the proceedings to be borne by the
petitioner, guardian, or conservator not acting in good faith. In determining compensation
for a guardian or conservator of an indigent person, the court shall consider a fee schedule
recommended by the Board of County Commissioners. The fee schedule may also include
a maximum compensation based on the living arrangements of the ward or protected
person. If these services are provided by a public or private agency, the county may
contract on a fee-for-service basis with that agency.

(c) When the court determines that a guardian or conservator has rendered necessary
services or has incurred necessary expenses for the benefit of the ward or protected person,
the court may order reimbursement or compensation to be paid from the estate of the
new text begin ward or new text end protected person or from the county having jurisdiction over the guardianship
or protective proceeding if the ward or protected person is indigent. The court may not
deny an award of fees solely because the ward or protected person is a recipient of
medical assistance. In determining compensation for a guardian or conservator of an
indigent person, the court shall consider a fee schedule recommended by the Board of
County Commissioners. The fee schedule may also include a maximum compensation
based on the living arrangements of the ward or protected person. If these services are
provided by a public or private agency, the county may contract on a fee-for-service
basis with that agency.

(d) The court shall order reimbursement or compensation if the guardian or
conservator requests payment and the guardian or conservator was nominated by the court
or by the county adult protection unit because no suitable relative or other person was
available to provide guardianship or protective proceeding services necessary to prevent
maltreatment of a vulnerable adult, as defined in section 626.5572, subdivision 15. In
determining compensation for a guardian or conservator of an indigent person, the court
shall consider a fee schedule recommended by the Board of County Commissioners. The
fee schedule may also include a maximum compensation based on the living arrangements
of the ward or protected person. If these services are provided by a public or private
agency, the county may contract on a fee-for-service basis with that agency.

(e) When a county employee serves as a guardian or conservator as part of
employment duties, the court shall order compensation if the guardian or conservator
performs necessary services that are not compensated by the county. The court may order
reimbursement to the county from the new text begin ward's or new text end protected person's estate for compensation
paid by the county for services rendered by a guardian or conservator who is a county
employee but only if the county shows that after a diligent effort it was unable to arrange
for an independent guardian or conservator.