Haw. Prob. R. 31
The court shall set the compensation of masters, guardians ad litem, and Kokua Kanawai and order the payment of such compensation from the assets of the trust or estate or, when appropriate, taxed in whole or in part to a party to the proceeding or to a party's attorney. In setting compensation, the court may consider the knowledge, skill, and expertise of the official; the difficulty of the assignment; the quality of the work performed; and the time spent by the official on the assignment. The court shall also order the reimbursement of the reasonable expenses and costs of the master, guardian ad litem, or Kokua Kanawai incurred in fulfilling the official's duties. With prior court approval upon petition and after notice and hearing (which notice and hearing may be waived by the court in appropriate circumstances), the master, guardian ad litem, or Kokua Kanawai may retain the services of attorneys, accountants, or other professionals or agents. If the compensation and/or reimbursement is not paid within a reasonable time, the official may petition for an order to show cause.
Haw. Prob. R. 31
COMMENTARY:
Compensation of court-appointed officials has never been very clear. This rule clarifies that court-appointed officials (including Kokua Kanawai appointed under Rule 113 ) will be paid, normally from the trust or estate, but the court can direct a party to pay in appropriate situations. This also clarifies that the official's reasonable out-of-pocket expenses will be reimbursed, and that the official may hire others to assist in carrying out the official's duties, where such employment and the terms of employment have been approved in advance by the court. Normally employment of assistants by the official will require notice and hearing, but the rule allows the court to dispense with notice and hearing where circumstances warrant (such as in hiring an attorney to pursue an appeal of a court order which has strict time limitations). General excise tax will not be separately approved of by the court, but should be built in to the compensation sought by the official.