Guardianship / Conservatorship – Fees and Expenses 

Posted: 1:00 am Mon, February 8, 2010
By admin

Where the District Court disallowed the accounts and certain fees and expenses paid to the guardians and conservators of a non-indigent ward out of the ward’s estate, we conclude that the District Court erred in considering sua sponte, and without affording the guardians/conservators an opportunity to challenge, the Service Fee Policy setting the appropriate fees to be charged when a guardian represents an indigent ward in Aitkin County and the Standards of Practice promulgated by the Minnesota Association of Guardianship and Conservatorship.

“In determining the reasonableness and documentation of fees for guardians and conservators, we note that . . . there apparently is a paucity of guidance on this question in this state.” The Court of Appeals recommends use of the five-factor guide for ruling on attorney fees in estate matters, set out in Minn. Stat. sec. 525.515(b) (2008).

We remand for additional findings.

Affirmed in part, reversed in part, and remanded.