Md. Code Regs. 07.01.13.07

Current through Register Vol. 51, No. 22, November 1, 2024

Section 07.01.13.07 - Adult Guardianships or Protective Services

A. Court-Appointed Attorney Payment Procedures.

(1) Upon completion of an adult guardianship or protective services case under Estates and Trusts Article, §13-705 or 13-709, or Family Law Article, §14-404, Annotated Code of Maryland, the Court-appointed attorney shall submit to the Director of the Maryland Legal Services Program:

(a) A copy of the court order appointing the attorney counsel for the client named in the order;

(b) A certification that:

(i) The case was an adult guardianship or protective service under Estates and Trusts Article, §13-705 or 13-709, or Family Law Article, §14-404, Annotated Code of Maryland;

(ii) Separately identifies the hours that the attorney spent in trial and nontrial activities;

(iii) Identifies the costs; and

(iv) Identifies the local department of social services or the Department of Aging that was a party to the case;

(c) A summary of any unusual or novel issues of law or fact in the case or other special factors that the attorney wants considered in the determination of a reasonable fee;

(d) Copies of time sheets or other documentation of the time spent, and receipts, bills, or other documentation of expenses claimed;

(e) A statement of what the attorney is requesting as a reasonable fee; and

(f) A statement of the federal identification number or Social Security number under which the payment is to be reported to the Internal Revenue Service for tax purposes.

(2) The Director shall review the attorney's submission to ensure that all required information and documentation have been submitted.

B. The Director shall:

(1) Decide the amounts that constitute a reasonable fee and reasonable costs;

(2) Authorize payment; and

(3) Notify the attorney of the action taken.

Md. Code Regs. 07.01.13.07

Regulation .07 amended effective December 25, 1989 (16:25 Md. R. 2709)
Regulations .07 adopted effective October 15, 2001 (28:20 Md. R. 1780); amended effective 48:23 Md. R. 979, eff. 11/15/2021