Rule 131. Fee-for-Service Guardians

(a) A final guardianship order may provide that a guardian of the person or property shall act as a fiduciary to the person with a disability on a fee-for-service basis, and that compensation shall be made to the guardian from the funds of the person with a disability on that basis, and not based on a commission as provided in Rule 132. The order shall set forth or incorporate by reference the fee schedule to be used by the fee-for-service guardian in setting its fee.

(b) The fee-for-service guardian shall keep a record of the time spent on behalf of the person with a disability for which the guardian will seek payment. Payment shall be authorized by the Court in its discretion upon application of the guardian, with notice to all interested parties. Feefor-service guardians shall file a yearly accounting of the estate of the person with a disability, which shall include the accrued fees claimed by the guardian.

(c) The fee-for-service guardian may request that the guardianship order provide that a fee reserve be set aside if the guardian believes that the creation of such a reserve is in the best interest of the person with a disability. The fee reserve shall be placed in an interest-bearing account unless otherwise provided by order of the Court, and interest on the reserve shall be the property of the person with a disability. The principal shall be deemed the property of the guardian only when earned and approved by order of the Court

(d) A fee-for-service guardian of the property of a person with a disability shall maintain a separate bank account for that person with a disability, unless otherwise provided by order of the Court. All funds of the person with a disability shall be kept in this account or in other investments as approved by the Court, with the exception that an amount sufficient to pay the monthly expenses of the person with a disability may be placed each month into an escrow account maintained by the guardian, from which the guardian may pay the monthly expenses.

(e) If the Court appoints an entity as a fee-for-service guardian, that entity may, with the Court's permission, appear and file papers with the Court through an officer designated by it.

(f) Any individual or entity serving as a fee-for-service guardian appointed by this Court shall provide a bond in an amount fixed by the Court. History. Added, effective June 1, 2001; amended, effective Apr. 1, 2003; Dec. 15, 2014, effective Jan. 1, 2015; Apr. 23, 2018, effective July 1, 2018.