Section 5-413
If not otherwise compensated for services rendered, any guardian ad litem, attorney, physician, licensed psychologist, clinical team, guardian, special guardian, temporary guardian, conservator, temporary conservator or special conservator appointed in a protective proceeding and any attorney whose services resulted in a protective order or in an order that was beneficial to a protected person's estate is entitled to reasonable compensation from the estate. Compensation may be paid and expenses reimbursed without court order, but, if the court later determines that the compensation is excessive or the expenses are inappropriate, the excessive or inappropriate amount shall be repaid to the estate on such terms as the court may order, including, but not limited to, costs, interest and attorney fees. The court may order that such compensation be paid by any party or parties as it shall determine.
Comment
Compensation for services rendered or expenses incurred by those serving the person or representing the person or anyone else appointed by the court are paid from the estate without court order. Excessive or inappropriate payments must be repaid to the estate. If the estate is limited or inadequate, the estate would be divided amongst those entitled to compensation or reimbursement. The reasonableness of the compensation or expenses would be determined by looking at the size of the estate.
Massachusetts comment
This section has substituted guardian ad litem for visitor which seems to be a distinction without difference in Massachusetts. The last sentence is added to preserve the flexibility of G.L. c. 201, § 35 to charge the petitioner with expenses of the proceeding. See also §§ 5-303(d) and 5-404(d) for expenses of obtaining medical certificates and clinical team reports.
Chapter 140 of the Acts of 2012 replaced the last sentence which previously read “The court may order that such compensation be paid by the petitioner.”