1997 Minnesota Statutes

     525.703 Costs. 

    Subdivision 1.    In forma pauperis.  The court may 
 authorize a proceeding under sections 525.54 to 525.702 to 
 proceed in forma pauperis, as provided in chapter 563.  

    Subd. 2.    Lawyer or health professional.  In 
 proceedings under sections 525.54 to 525.702 a lawyer or health 
 professional rendering necessary services with regard to the 
 appointment of a guardian or conservator, the administration of 
 the ward's or conservatee's estate or personal affairs or the 
 restoration of that person's capacity, shall be entitled to 
 reasonable compensation from the estate of the ward or 
 conservatee or from the county having jurisdiction over the 
 proceedings if the ward or conservatee is indigent.  When the 
 court determines that other necessary services have been 
 provided for the benefit of the ward or conservatee by a lawyer 
 or health professional, the court may order reasonable fees to 
 be paid from the estate of the ward or conservatee or from the 
 county having jurisdiction over the proceedings if the ward or 
 conservatee 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 reasonable 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 conservatee.  If these 
 services are provided by a public or private agency, the county 
 may contract on a fee for service basis with that agency.  

    Subd. 3.    Guardian or conservator.  (a) When the court 
 determines that a guardian or conservator of the person or the 
 estate has rendered necessary services or has incurred necessary 
 expenses for the benefit of the ward or conservatee, the court 
 may order reimbursement or reasonable compensation to be paid 
 from the estate of the ward or conservatee or from the county 
 having jurisdiction over the guardianship or conservatorship if 
 the ward or conservatee is indigent.  The court may not deny an 
 award of fees solely because the ward or conservatee is a 
 recipient of medical assistance.  In determining reasonable 
 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 conservatee.  If these services are provided by a 
 public or private agency, the county may contract on a fee for 
 service basis with that agency.  

    (b) The court shall order reimbursement or reasonable 
 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 
 conservatorship services necessary to prevent maltreatment of a 
 vulnerable adult, as defined in section 626.5572, subdivision 
 15.  In determining reasonable 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 conservatee.  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 a county employee serves as a guardian or 
 conservator as part of employment duties, the court shall order 
 reasonable 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 ward's or 
 conservatee's estate for reasonable 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. 

    HIST: 1980 c 493 s 24; 1981 c 313 s 23; 1985 c 250 s 26; 1986 
 c 444; 1993 c 118 s 5,6; 1995 c 229 art 4 s 16