New Hourly Rate For Guardianship Fund Compensation Paid To Attorneys
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Joint Committee Approval of Guardianshp Fund Increase - June 9, 2009 Memo
Frequently Asked Questions
What is the number of the first INT/IDD case initiated on or after March 11, 2009?
2009 INT 75. This case and all cases with a higher number qualify for the $90.00 Guardianship fund payment.
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Who is eligible to receive the increased hourly rate?
Only attorneys, regardless of role I the INT/IDD case, are eligible to receive payment at the increased hourly rate. Non-attorneys will continue to receive payment at the previously established hourly rate.
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If I am an attorney and serve as a visitor in a case filed on or after March 11, 2009, will I receive the higher rate?
Yes, as an attorney in a case filed on or after March 11, 2009, you will be eligible to
receive the higher rate regardless of your role, whether as counsel for the ward, counsel for the petitioner, visitor, guardian ad litem, emergency guardian, temporary guardian, permanent guardian, temporary conservator or conservator.
The second category provides for an increase for services as counsel, guardian ad litem or visitor for what is called "post-disposition actions". How do you quality for the higher rate in this category?
Petitions post appointment filed on or after March 11, 2009, in a pre-existing INT/IDD case are considered post-disposition actions. To receive the higher rate of compensation the petition post appointment must be filed on or after March 11, 2009, and you must (1) be an attorney; and (2) serve in a temporary role, such as counsel, guardian ad litem or visitor. The rules for guardians, conservators and special conservators are different and included in category three.
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I am serving as a guardian/conservator in a case filed before March 11, 2009. When, if ever, will I qualify for the higher rate?
You will have to wait to qualify for the higher rate. The increased compensation rate in this category is patterned after the CCAN program for compensation.
First, you need to identify your anniversary date, which is the date of that case initiation. You will receive payment at the $80.00 rate for all services provided in any anniversary year that began before March 11, 2009, regardless of when the petition for compensation is filed. You will receive payment at the $90.00 for all services provided in any anniversary year that began on or after March 11, 2009.
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What if I file a petition for compensation asking for the $80.00 rate but I am eligible for the $90.00 rate?
If you bring the petition in person and are eligible for the new rate, I have asked the auditors, when serving as duty auditor, to let you know that you can submit a praecipe with the duty auditor asking to change the rate from $80.00 to $90.00, without the need for a motion or a new petition and without the need to reserve the original petition on all of the interested new filing during this transitional period. The praecipe should be served by the attorney on interested persons.
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What if I already filed a petition for compensation asking for the $80.00 rate but I was eligible for the $90.00 rate? Do I need to file a motion?
No. The Probate Division will accept a praecipe requesting that the rate on a petition already filed be changed. If, however, the Court has already acted on your petition for compensation, then you do need to file a motion for reconsideration but only for the incremental difference resulting from the higher rate and not for the entire petition billed at the new rate.
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