Rule 73 GUARDIAN'S COMPENSATION

(A) Guardian’s compensation shall be set by local rule.

 

(B) Additional compensation for extraordinary services, reimbursement for expenses incurred and compensation of a guardian of a person only may be allowed upon an application setting forth an itemized statement of the services rendered and expenses incurred and the amount for which compensation is applied.  The court may require the application to be set for hearing with notice given to interested persons in accordance with Civil Rule 73(E).

 

(C) The compensation of co-guardians in the aggregate shall not exceed the compensation that would have been allowed to one guardian acting alone.

 

(D) The court may deny or reduce compensation if there is a delinquency in the filing of an inventory or account, or after hearing, the court finds the guardian has not faithfully discharged the duties of the office.

 

B.C.L.R. 73.1 GUARDIAN’S COMPENSATION

(A) Guardian’s compensation shall be allowed in accordance with the following schedule:

(1) Corporate Guardians:  Recognizing the competitive atmosphere in which corporate fiduciaries operate and which acts as a restraint on what they charge for their services:

(a) A guardian may charge fees in accordance with its schedule for these services which it may publish from time to time.

(b) Published fee schedules are to be filed in the Court upon the effective date of this rule and whenever a change is made or requested by the Court.

(c) On each accounting where fees have been taken, an affidavit will be required, asserting that the fees charged represent those published in its schedule during the period of the accounting.

(2) Individual Guardians:

Fees shall be determined by application and entry.

 

(B) Additional compensation, reimbursement for expenses incurred and fees of a guardian of a person may be fixed by the court upon application.

 

(C) The court may require that an application for fees or for additional compensation be set for hearing and that written notice of the time and place of the hearing and the amount applied for be given as required by the court.  A copy of the notice, with certified mail return receipt attached, together with an affidavit of the service of such notice, shall be filed prior to the hearing.

 

(D) The compensation of co-guardians in the aggregate shall not exceed the compensation which would have been payable if only one guardian had been performing the duties.

 

(E) Except for good cause shown, neither compensation for a guardian nor fees to the attorney representing the guardian, will be allowed when the guardian is delinquent in filing the account as required by R.C. §2109.30.2.

 

B.C.L.R. 73.2 VETERANS ADMINISTRATION - GUARDIANSHIPS

With respect to moneys received from the Veterans’ Administration and revenue or profit from any property wholly or partially acquired therewith, compensation payable to guardians shall be based upon services rendered and shall not exceed five per cent of the amount of moneys received from the Veterans’ Administration during the period covered by the account required by R.C. §5905.11.  In the event of extraordinary services by any guardian, the Court, upon petition and hearing thereon, may authorize reasonable additional compensation. A copy of the petition and notice of hearing thereon shall be given the proper office of the Veterans’ Administration in the manner provided in the case of hearing on a guardian’s account or other pleading. No commission or compensation shall be allowed on the moneys or other assets received from a prior guardian nor upon the amount received from liquidation of loans or other investments. All applications for guardian compensation or attorney fees shall be set for hearing, and notice shall be given to the Veterans Administration office, unless a waiver or consent is obtained from the Veterans Administration.