Current through Register Vol. 48, No. 38, September 20, 2024
a) Assessment -
In General
1) Except as provided in
subsections (c) and (e), all wards with liquid assets on the date of the OSG's
appointment shall be assessed a one-time case opening fee for establishment of
the case by OSG. Rates are set forth in Section
301.60.
Case opening fees shall be assessed for each appointment, including a
re-appointment as guardian for the same ward more than 6 months after the
termination of a prior appointment, temporary or otherwise, involving similar
powers and duties.
2) A monthly fee
for guardianship services other than petitioning for appointment of guardians
and sale or management of real or personal property shall be assessed against
all wards with liquid assets on any day during the month, in accordance with
the schedule set forth in Section 301.60. In addition, in all cases in which
OSG serves as representative payee under programs administered by the Social
Security Administration, the Railroad Retirement Board, or similar programs, or
serves as protective payee for the receipt of private pension funds, the fee
for providing representative payee services shall be in accordance with Social
Security Administration and Railroad Retirement Board regulations and/or
guidelines.
3) Fees for
guardianship petitioning services shall be assessed upon the entry of a court
order finally disposing of the petition for appointment of a guardian, in
accordance with the schedule set forth in Section 301.60. Guardianship
petitioning fees shall be in addition to case opening fees, monthly
guardianship services fees, and fees for the sale or management of real or
personal property.
4) Fees for the
sale of real or personal property shall be assessed when a sale is completed,
or at the time of the final account. If no sale takes place during the OSG's
term as guardian, fees for management of real or personal property shall be
assessed at the time of the final account, in either case, in accordance with
the fee schedule set forth in Section 301.60. Fees for the sale or management
of a ward's property shall be in addition to case opening, monthly guardianship
services, and guardianship petitioning fees, in accordance with the fee
schedule in Section 301.60.
5) No
fees for guardianship services shall be assessed on estates if OSG determines
that financial hardship would result for the ward.
b) Assessments - Valuation of Property. When
OSG seeks to assess fees for the management of property that is not sold during
the course of administration of a ward's estate, the value of the property in
question shall be estimated by any reasonable methods acceptable to the court.
Unless specifically ordered by the court to do so, OSG shall not retain an
appraiser at estate expense to establish the value of a ward's property if the
appraisal is not otherwise required for responsible management of the
estate.
c) Assessments - Court
Approval. All fee assessments made by OSG shall be subject to court
approval.
d) Assessments - On
Exhausted Estates
1) In estates that may be
exhausted by existing claims, OGS may petition for its fees in spite of the
fact that the granting of these fees by the court might result in some or all
of these claims going totally or partially unpaid.
2) Proper notice of the petition for fees
shall be mailed to each known claimant before the hearing is to take
place.
e) Assessments -
On Entitlements. Fees shall not be assessed on income or support derived from
Medicaid or TANF. Income or support derived from Social Security and Medicare
shall be subject to OSG fee assessment unless the funds have been expressly
earmarked for another purpose.