§ 21-2060 — Compensation and expenses.

District of Columbia § 21-2060

• Jurisdiction: District of Columbia
• Title 21: Fiduciary Relations and Persons with Mental Illness. [Enacted title]
• Ch. 20: Guardianship, Protective Proceedings, and Durable Power of Attorney.
• Subch. VI: Protection of Property of Incapacitated, Disappeared or Detained Individuals.

Text

(a) As approved by order of the court, any case reviewer, visitor, attorney, examiner, conservator, special conservator, guardian ad litem, or guardian is entitled to compensation for services rendered either in a guardianship proceeding, protective proceeding, or in connection with a guardianship or protective arrangement. Any guardian or conservator is entitled to reimbursement for room, board, and clothing personally provided to the ward from the estate of the ward, but only as approved by order of the court. Compensation shall be paid from the estate of the ward or person or, if the estate of the ward or person will be depleted by payouts made under this subsection, from a fund established by the District.

(a-1) The estate of a person or ward shall be presumed to be depleted for purposes of this chapter, and all compensation, expenses, and payouts made under this section shall be paid from a fund established by the District:

(1) If the person or ward qualifies for federal Supplemental Security Income under Title XVI of the Social Security Act [42 U.S.C. § 1381 et seq.];

(2) If the person or ward qualifies for Medicaid or Medicaid Expansion Programs as allowed by federal, state, or local requirements,

(3) If the person or ward qualifies for other means-tested public assistance programs as allowed by federal, state, or local requirements, including, Temporary Assistance for Needy Families, Interim Disability Assistance, Food Stamps, and D.C. Healthcare Alliance;

(4) If the person or ward qualifies for federal disability benefits, including Old Age, Survivors, and Disability Insurance Benefits under Title II of the Social Security Act [42 U.S.C. § 401 et seq.], Rehabilitation Services Administration Payments, Railroad Retirement Board, or Veterans benefits and such benefits constitute the person or ward’s sole source of income;

(5) If the person or ward has been found to be unable to pay for habilitation, care, or legal services by any branch of the Superior Court of the District of Columbia; or

(6) If the circumstances listed in paragraphs (1), (2), (3), (4), and (5) of this subsection do not apply, the person or ward may establish, by affidavit or other proof satisfactory to the court, the inability to pay any costs without substantial financial hardship to himself or herself or his or her family.

(b) There is established within the General Fund of the District of Columbia a separate account to be known as the “Guardianship Fund” (“Fund”) and to be administered by the court. There is authorized to be appropriated funds necessary for the administration of this section.

Legislative History

Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632; July 25, 1987, D.C. Law 7-17, § 2(a), 34 DCR 3802; Oct. 22, 2008, D.C. Law 17-249, § 2(j), 55 DCR 9206; Sept. 26, 2012, D.C. Law 19-171, § 76, 59 DCR 6190; Mar. 11, 2015, D.C. Law 20-230, § 2(h), 62 DCR 278