Sup. Ct. R. D.C. app C R. R. C-9

As amended through October 11, 2024

Rule C-9 - Compensation

(a) COMPENSATION FOR ORDINARY SERVICES. Compensation to a conservator for ordinary services is by commission which must not exceed 5% of amounts disbursed from the estate. Ordinary services are those normally performed by a fiduciary in administering such an estate and include, but are not limited to, the following:

(1) qualification as the conservator;

(2) collection of the protected individual's assets and income;

(3) payment of the protected individual's debts and costs of maintenance, as authorized or ratified by the court;

(4) general supervision of the protected individual's investments and policy relating thereto, including safekeeping; and

(5) preparation and filing of all inventories, accounts, and reports to the court.

(b) TIME AND METHOD FOR CLAIMING COMPENSATION FOR ORDINARY SERVICES. A claim for commission for ordinary services may only be made in an annual account and, except as otherwise provided in these rules, no statement of services is required. The amount or percentage of commission claimed need only be reflected in the account itself.

(c) COMPENSATION FOR EXTRAORDINARY SERVICES. At the time of filing an annual account or at any other time upon the showing of good cause, a guardian may petition the court for compensation for extraordinary services rendered. Extraordinary services are in addition to those services set forth in Rule C-9(a). The petition must include the following:

(1) statement of jurisdiction and controlling court rule;

(2) statement of services rendered sufficiently complete on its face to establish that the requested payment is reasonable and, as appropriate, that the services are in fact extraordinary;

(3) the time devoted thereto, and the normal hourly rate of the conservator, if any;

(4) evidence of the necessity or purpose of the services;

(5) results achieved, including the benefit to the estate or protected individual, if any;

(6) statement of all prior allowances from the estate to the conservator or other fiduciary or counsel, to the extent known;

(7) the ability of the estate to meet future needs of the protected individual and to compensate fairly the conservator, and;

(8) statement that notice has been given and to whom given.

(d) TURNOVER COMMISSION. A turnover commission may be claimed in a conservator's final account not exceeding 5% of the net assets to be turned over to a successor fiduciary or to the former protected individual, as the case may be. A turnover commission is in addition to the commission for ordinary services based on disbursements actually made during the accounting period. As a general rule, no statement of services is required in support of a claim for a turnover commission. The amount and percentage claimed need only be reflected in the final account. The exceptions to this general rule are as follows:

(1)The Conservator's Death, Resignation or Incapacity. If services by the conservator are terminated by the conservator's death, resignation, or incapacity, a statement of services must be filed in support of the turnover commission claimed. That statement must indicate what has been done by the conservator, what remains to be done by the successor conservator, and such other information as would justify the commission claimed.

(2)The Protected Individual's Death or Restoration to Competency. If within 3 years of the conservator's appointment, a conservatorship terminates because of the protected individual's death or restoration to competency, and if the net assets to be turned over exceed $100,000.00, the conservator must either file a statement of services in support of the turnover commission claimed or apply for a waiver of the requirement for a statement of services by filing a written request with the court.

(e) COMPENSATION TO ATTORNEYS.

(1)Attorney Fees. At the time of the filing of an annual account or at any other time upon the showing of good cause, an attorney may petition for allowance of reasonable attorney's fees for preparing pleadings filed with the court and for other necessary legal services rendered to the conservator in the administration of the estate, including, but not limited to, instructing and advising the conservator in regard to applicable laws so that the conservator may properly administer the estate for which he or she is responsible and reviewing and advising with respect to inventories, accounts and other reports to the court to assure that they comply with the requirements of the law. A petition for fees for legal services in connection with the qualification of the conservator may be submitted at any time, however. The petition for fees must be accompanied by a statement of services which must include those matters set forth with respect to a petition for compensation for extraordinary services.

(2)Performance of Conservator's Ordinary Services; Assignment of Commission. If an attorney performs on behalf of a conservator any of the above ordinary services in administering the estate, the court may authorize the attorney to be compensated from the estate in the conservatorship proceeding only if a written assignment of the conservator's commission, in whole or in part, is filed with the court. Assignment of commission as used in this rule refers to those instances in which an attorney has, pursuant to an agreement with the conservator, performed some or all of the services normally expected of the conservator in administering the estate and has obtained an assignment from or written consent of the conservator to receive part or all of the conservator's commission as compensation for the attorney's services.

(f) NOTICE OF AND CONSENTS TO PETITIONS FOR COMPENSATION FOR EXTRAORDINARY SERVICES OR FOR ATTORNEY FEES. Notice of the filing of a petition for compensation for extraordinary services by the conservator or for attorney's fees (other than for ordinary commissions) and a copy of the petition must be given to the conservator (if appropriate) and to all other parties and affected persons as determined by the court by first class mail within 7 days before or after the filing. The petition must have attached to it a certification that copies and a notice of its filing have been provided in accordance with this rule.

(1)Form of Notice. The notice required must be on the form maintained by the Register of Wills or a form that is substantially similar in content and format to that form, and appended to the petition.

(2)Form of Consent. Consents to the petition must be on the form maintained by the Register of Wills or a form that is substantially similar in content and format to that form and, once filed, constitute a waiver of the right to object thereto.

(g) REFERENCE TO REGISTER OF WILLS OF PETITION FOR COMPENSATION FOR EXTRAORDINARY SERVICES OR FOR ATTORNEY FEES. All petitions for compensation to a fiduciary for extraordinary services and attorney's fees must be referred to the Register of Wills for appropriate recommendations.

(h) DISCRETION RESERVED TO THE COURT. The court may, at any time, require a statement of services or any additional verified documentation in determining an appropriate commission in any particular case.

(i) OBJECTIONS TO PETITION FOR COMPENSATION. Parties and affected persons may file an objection to the petition for compensation for extraordinary services by the conservator or for attorney's fees. The objection must be filed within 21 days after mailing of the petition and notice and must include specific statements of the grounds for contesting the petition. The objection must be mailed to the conservator and the conservator's attorney. If an objection is not filed within the prescribed time, the court may treat the petition as conceded. A party or affected person may specifically request an oral hearing by writing "Oral Hearing Requested" at the bottom of the objection above the signature, but the court, in its discretion, may decide the matter without a hearing.

Sup. Ct. R. D.C. app C R. R. C-9

Adopted by Order dated March 4, 2022, effective 8/22/2022.

COMMENT

No compensation will be awarded for supervision of a protected individual's person.

Generally, the preparation and filing of routine tax returns and accountings are considered to be ordinary services. If the services involved were in whole or in part extraordinary, compensation for such services may be claimed by petition pursuant to section (c) of this rule. If the conservator retains the services of a tax preparer, payment of the tax preparer's fee may be made subject to the requirement that expenditures be made only upon prior authorization of the court.

The court will be cautious in awarding turnover commissions claimed under subsection (d)(1) of this rule, by reason of the death, resignation or incapacity of a conservator. The court will take into account the fact that the protected individual's funds will be disbursed again and will reserve a sufficient portion of the commission as is likely, under the facts and circumstances of the particular case, to compensate the successor conservator fairly.

With respect to compensation for extraordinary services under this rule, the amount of commission for ordinary services will be taken into account, but not be the sole determining factor.

Conservators serve as officers of the court. There can be no assurance in any given case that a conservator will receive compensation or commissions which the conservator considers adequate.

Payments for attorney fees are independent of the conservator's commission for ordinary and extraordinary services and are designed to compensate the attorney for legal services consistent with the value of the services rendered and ability of the estate to pay. The fact that the conservator is an attorney will not preclude the conservator from petitioning for attorney fees for legal services rendered.