Guardian ad Litem / Attorney Fee Schedule

The Probate Court is required to appoint a guardian ad litem or attorney in mentally ill, developmentally disabled guardianship, legally incapacitated guardianships, and conservatorship cases. At times the Court determines that the appointment of a guardian ad litem or attorney is necessary in minor guardianships and other cases. Payment of legal costs and fees incurred for a person's legal representation is the responsibility of the ward or his/her family.

In order to keep the costs for guardian ad litem/attorney services low, the Court has established a Fee Schedule with the attorneys on our appointment list. This fee schedule is based on the type of cases and the typical services provided.

Once the services are rendered by the guardian ad litem/attorney an invoice will be submitted to the Court. The Court will order payment of the fee by the ward or his/her family. These fees should be paid directly to the attorney. If the entire amount cannot be paid at once, you should contact the attorney to determine if a payment plan can be arranged. In the event the ward or his/her family is financially unable to pay the fees, a Financial Statement (PDF) must be completed and the Court will make a determination regarding indigency.

Developmentally Disabled Guardianships $175: An attorney is appointed to represent the alleged developmentally disabled individual at the hearing. The petitioner is required to have the individual at the Court Complex at least 15 minutes prior to the hearing to allow the individual and attorney to meet and discuss the case. If the hearing is held and adjourned to another date, the attorney will charge $250.

Adult Guardianships (Incapacitated Individuals) $175: A guardian ad litem is appointed to represent the alleged incapacitated individual. The guardian ad litem will meet with the individual prior to the hearing and submit a written report to the Court (at least 24 hours prior to the hearing). The petitioner must assist the individual in meeting with the guardian ad litem at the guardian ad litem's office. If the individual is physically unable to travel, the guardian ad litem will travel to the individual and the fee will be $225.

An individual has the right to request the appointment of an attorney and if the individual makes that request the guardian ad litem will not submit a report to the Court and will attend the hearing. The flat fee will then be $225 ($275 if the attorney traveled to the individual).

Conservatorships $175: A guardian ad litem is appointed to represent the protected individual. The guardian ad litem will meet with the individual prior to the hearing and submit a written report to the Court (at least 24 hours prior to the hearing). The petitioner must assist the individual in meeting with the guardian ad litem at the guardian ad litem's office. If the individual is physically unable to travel, the guardian ad litem will travel to the individual and the fee will be $225.

An individual has the right to request the appointment of an attorney and if the individual makes that request the guardian ad litem will not submit a report to the Court and will attend the hearing. The flat fee will then be $225 ($275 if the attorney traveled to the individual).

When a petition for guardianship and conservatorship are filed together, the guardian ad litem will charge $225. If the individual is physically unable to travel, the guardian ad litem will travel to the individual and the fee will be $275. If the individual requests the appointment of an attorney the fee will be $275 ($325 if the attorney traveled to the individual).

Minor Guardianships (or other cases where a guardian ad litem is appointed) $250: When the Court determines that a guardian ad litem is necessary in minor guardianships or other cases, the guardian ad litem will either make a report to the Court or attend the hearing (determined by the Court at appointment) and a flat fee of $250 will be charged. If the hearing lasts one-half day the fee will be $500.

Accounts of Fiduciary with Waiver by Guardian ad litem $55: The guardian ad litem must review all accounts of fiduciary. If the guardian ad litem signs a Waiver the fee will be $55 per account. If the guardian ad litem must attend a hearing the fee will be $75 per account.

Mentally Ill Cases: These cases are billed at $55 per hour.