Computation Of Attorney Fees For Estates Page 16
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30Rule 42
GUARDIAN’S COMPENSATION
(A)
Guardian’s compensation shall be set by Local Rule.
(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 applications for fees or compensation be set
for hearing and that written notice of the time and place of the hearing and
that 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)
A separate schedule of the computation of the guardian’s compensation
shall be set forth in the guardian’s account as a condition on its approval.
The computation shall be on a separate form and be in conformity with a
Local Rule. 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.
(F)
Fees for conservators in all conservatorships shall be granted upon
Application and Approval of the Court. Guidelines for determining the
reasonableness of guardianship fees shall be used to determine
reasonableness of conservatorship’s fees as they may apply to the
conservatorship estate. Further, consideration shall be given to the size of
the conservatorship estate; the amount and intricacy of the work required
and special requirements unique to the conservatorship estate.
COUNTY LOCAL RULE 42.1
The compensation allowable per accounting period to a guardian
accountable to the Probate Court, upon Application to the Court for
approval may be in accordance with the following schedule, unless
otherwise provided for in any instrument creating the relationship:
(A)
INCOME FEE during accounting period:
6% of the first $10,000.00 or part thereof:
5% of the next $10,000.00 or part thereof:
4% of the balance.
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