Rule 322 - Compensation from Assets of the Subject, Protected Individual, or Ward, or from the Guardianship Fund(a) IN GENERAL. As approved by prior court order, for services rendered in an intervention proceeding, any case reviewer, visitor, attorney, examiner, conservator, special conservator, guardian ad litem, or guardian is entitled to reasonable compensation paid from:(1) the assets of the subject of the proceeding, the protected individual, or the ward; or(2) if the assets will be depleted as described in D.C. Code § 21-2060 (2021 Supp.), the Guardianship Fund.(b) PETITIONS FOR COMPENSATION. (1)Guardian, Conservator, Guardian ad Litem, or Attorney. To receive compensation from assets of the subject of the proceeding, the protected individual, or the ward or from the Guardianship Fund, a guardian, conservator, guardian ad litem, or attorney must file a petition for compensation that includes the following: (A) the type of service rendered and a summary of that service;(B) the amount of time spent;(C) the hourly rate of compensation and any basis for that rate;(D) the size of the estate administered;(E) a description of the results and benefits to the subject of the proceeding, the protected individual, or the ward, as a result of the services rendered;(F) the nature, extent, and cost of services performed by others that are fiduciary obligations, such as accounting and tax preparation services;(G) the amount and source of compensation previously allowed to all persons;(H) information regarding whether the petitioner has been or has an agreement to be compensated from a source other than the estate or the Guardianship Fund;(I) if payment is sought from the assets of the subject of the proceeding, the protected individual, or the ward and the petition for compensation is filed after the death of the subject, individual or ward, an estimate of the number of hours that will be required for termination of the conservatorship; and(J) if payment is sought from the Guardianship Fund, information indicating:(i) that the estate of the subject of the proceeding, the protected individual, or the ward is presumed to be depleted under the provisions of D.C. Code § 21-2060 (a-1) (2021 Supp.), including the specific statutory basis for the presumption; or(ii) that the subject of the proceeding, the protected individual, or the ward is unable to pay the requested compensation without substantial financial hardship to that person or his or her family, the specific reasons why payment would cause substantial financial hardship, and the following information or, if any of the required information is not provided, the efforts made to obtain that information: the nature and extent of that person's assets, including contingent assets and noting which assets are liquid; the nature and extent of that person's income; the character and extent of that person's debts; whether that person owns a residence, and if so, whether that person or his or her dependent resides in that residence or expect to return to the residence; whether that person has a burial fund or has a prepaid funeral or burial contract or plan and, if so, the value of the fund or amount of prepayment; and a description of that person's expenditures. (2)Petitions of Examiners and Visitors. In order to be compensated from the assets of the subject of the proceeding, the protection individual, or the ward or from the Guardianship Fund, an examiner or visitor must file a petition for compensation that includes the following: (A) the type of service rendered and a summary of that service;(B) the amount of time spent; and(C) the basis of any hourly rate of compensation.(3)Verification. A petition for compensation must be verified in the manner described in Rule 103(c).(c) NOTICE OF PETITION AND CERTIFICATION. A petition for compensation must be filed together with a notice of the petition for compensation and a certification stating that the fiduciary or attorney is not late with filings in other cases in which the attorney or fiduciary is appointed. The notice and certification must be on the forms maintained by the Register of Wills or forms that are substantially similar in format and content.(d) TIME FOR FILING. (1)Guardian's Petition for Compensation. A guardian's petition for compensation must be filed no later than 30 days after the anniversary date of the guardian's appointment, except that a guardian's final petition for compensation must be filed no later than 60 days after termination of the guardianship.(2)Conservator's Petition for Compensation. A conservator's petition for compensation must be filed either with the annual accounting or at any time prior to the approval of the annual accounting, except that a conservator's final petition for compensation must be filed no later than 30 days after the filing of the final account.(3)Interim Petition for Compensation. An interim petition for compensation for establishing a guardianship, conservatorship, or entry of a protective order must be filed promptly upon conclusion of the hearing establishing the guardianship, conservatorship, or protective arrangement, but not later than 90 days after conclusion of the hearing.(e) SERVICE. (1)In General. The petition for compensation and the notice of petition for compensation must be served on: (A) the subject of the proceeding, the protected individual, or the ward;(B) the parties to the proceeding and persons granted permission to participate in the proceeding;(C) any person who has filed an effective request for notice; and(D) any other person as directed by the court or the Register of Wills.(2)Certificate of Service. A petition must include a certificate of service, stating that the petition and the notice of petition for compensation were served.(f) OBJECTIONS. An individual who is required to be served with the petition and notice may file an objection to the petition. The objection must be filed within 21 days after the petition and notice have been served. The court may rule on objections with or without a hearing.(g) CONSENTS. (1)In General. An individual who is required to be served with the petition and notice of the petition for compensation may file a consent to the petition for compensation. A consent must be on the form maintained by the Register of Wills or on a form that is substantially similar in format and content.(2)Effect of Consent. If all individuals who are required to be served with the petition and notice file consents, the notice and the 21-day period for filing objections will be waived and the petition for compensation must be immediately reviewed by the court. A consent to the petition, once filed, constitutes a waiver of the right to object to that petition.Adopted by Order dated March 4, 2022, effective 8/22/2022.COMMENT
As pointed out in In re Estate of Grealis, 902 A.2d 821, 825-6 (D.C. 2006), this rule cannot and is not intended to expand the reach of D.C. Code § 21-2060 (2021 Supp.). In Grealis, the District of Columbia Court of Appeals interpreted D.C. Code § 21-2060 (2021 Supp.) as requiring court approval only when payment is made from the assets of the subject of the proceeding, the protected individual, or the ward, or from the Guardianship Fund. 902 A.2d at 824-6. No order is required for payment from the personal or private funds of someone other than the subject of the proceeding, the protected individual, or the ward. Id.