2-008.06 Court Costs and Attorneys' Fees

When the appointment of a guardian or conservator for an assistance recipient, payee, or APS client is initiated by Department of Social Services staff, administrative funds may be used to pay court costs involved. Court costs may include -

1. An attorney fee for appointment of a guardian or conservator;
2. An attorney fee for closing a guardianship or conservatorship;
3. The guardian's bond; and
4. The court-set fee for a guardian ad litem.

See 465-000-203 for the maximum amounts for attorney fees for appointing a guardian or conservator or closing a guardianship or conservatorship.

The worker shall, whenever possible, encourage relatives, friends, legal services staff, private attorneys as a "pro bono" service, and state and local lawyer referral programs to absorb the court costs and attorney fees.

In APS cases when the client possesses an estate, the worker shall encourage the court to order that the court costs and attorney fees be paid by the estate of the client.