Arizona Laws 14-5109. Disclosure of compensation; determining reasonableness and necessity
A. When a guardian, a conservator, an attorney or a guardian ad litem who intends to seek compensation from the estate of a ward or protected person first appears in the proceeding, that person must give written notice of the basis of the compensation by filing a statement with the court and providing a copy of the statement to all persons entitled to notice pursuant to sections 14-5309 and 14-5405. The statement must provide a general explanation of the compensation arrangement and how the compensation will be computed.
Terms Used In Arizona Laws 14-5109
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Basis for compensation: means an hourly rate, a fixed fee or a contingency fee agreement and reimbursable costs. See Arizona Laws 14-1201
- Conservator: means a person who is appointed by a court to manage the estate of a protected person. See Arizona Laws 14-1201
- Court: means the superior court. See Arizona Laws 14-1201
- Estate: includes the property of the decedent, trust or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. See Arizona Laws 14-1201
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment but excludes a person who is merely a guardian ad litem. See Arizona Laws 14-1201
- Guardian ad litem: includes a person who is appointed pursuant to section 14-1408. See Arizona Laws 14-1201
- Person: means an individual or an organization. See Arizona Laws 14-1201
- Proceeding: includes action at law and suit in equity. See Arizona Laws 14-1201
- Protected person: means a minor or any other person for whom a conservator has been appointed or any other protective order has been made. See Arizona Laws 14-5101
- Ward: means a person for whom a guardian has been appointed. See Arizona Laws 14-5101
B. If during the pendency of the action the basis for compensation changes, the guardian, conservator, attorney or guardian ad litem must provide notice of the change to all persons entitled to notice pursuant to this subsection not less than thirty days before the change becomes effective.
C. Compensation paid from an estate to a guardian, conservator, attorney or guardian ad litem must be reasonable and necessary. To determine the reasonableness and necessity of compensation, the court must consider the best interest of the ward or protected person. The following factors may be considered to the extent applicable:
1. Whether the services provided any benefit or attempted to advance the best interest of the ward or protected person.
2. The usual and customary fees charged in the relevant professional community for the services.
3. The size and composition of the estate.
4. The extent that the services were provided in a reasonable, efficient and cost-effective manner.
5. Whether there was appropriate and prudent delegation to others.
6. Any other factors bearing on the reasonableness of fees.
D. The person seeking compensation has the burden of proving the reasonableness and necessity of compensation and expenses sought.