There is no form for this pleading for most requests for compensation due to the specific requirements that pertain to the role of the petitioner. However, there is a Petition for Compensation of Visitor or Examiner, and detailed information about what needs to be contained in a petition requesting compensation is in included in Superior Court, Probate DivisionRule 308.

The estate assets, if sufficient, or the Guardianship Fund, if the ward’s assets would otherwise be depleted. In rare cases, the Court has awarded fees from a third-party petitioner when a petitioner has failed to follow through after filing an intervention petition.

Henok Araya v. Aida Keleta and Frances Hom, 24 A.2d 665; 2011 DC App. LEXIS 466; 09-PR-1561, DCC.A., 7-14-11 (2009 INT 261)

Shortly after receipt of an order awarding payment of compensation or fees from the Guardianship Fund, you may track the status of the payment by logging onto the DC Court Web Voucher System

No. If an attorney is retained by a petitioner and the petitioner pays the attorney with petitioner’s own funds, no petition for compensation is necessary.

In re Grealis, In re Irma Sams, In re Mary Nazarczuk, 902 A.2d 821; 2006 DC App. LEXIS 414, 03-PR-963, 03-PR-965, 04-PR-169, DCC.A., 7-13-06 (2002 INT 359, 2002 INT 225, 1999 INT 205)

Call the Auditing Branch Deputy Clerk at (202) 879-9419, and explain the situation. Do not call the Budget and Finance Division.

No. A petition for turnover commission is not ordinarily required. Note the following exceptions: (1) If the guardianship terminates because of the guardian’s death, resignation, or incapacity, a statement of services shall be filed in support of the turnover commission claims. (2) If within three years of the guardian’s appointment, a guardianship terminates because of the minor’s death or attainment of the age of majority, and if the assets to be turned over exceed $100,000.00, the guardian shall file a statement of service in support of the turnover commission claimed or apply for a waiver of the statement of services by filing a written request with the Court. Note that pursuant to Superior Court, Probate Division Rule 225(h), the Court may, at any time, require a statement of services to determine an appropriate commission in any particular case.

Yes, if the doctor or social worker is seeking payment from the subject’s assets or the guardianship fund. See Petition for Compensation of Visitor or Examiner.

Yes, pursuant to Superior Court, Probate Division Rule 308(c)(4), a petition for compensation may not be filed with the court unless it has been served at least twenty (20) calendar days prior to the filing of the petition. The petition shall be accompanied by a certificate of service showing compliance with the requirement.

A motion for leave to late file the petition for compensation can be filed. The original petition for compensation must be attached. There is a $20.00 filing fee for the motion (by check payable to the “Register of Wills”).

DC Code, sec. 21-2060, as amended in October 2008, provides a presumption of depletion when the person or ward:Qualifies for federal SSI under Title XVI of the Social Security Act Qualifies for Medicaid or Medicaid expansion programs as allowed by federal, state, or local programs Qualifies for other means-tested public assistance programs as allowed by federal, state, or localrequirements including Temporary Assistance for Needy Families, Interim Disability AssistFood Stamps, and DC Healthcare Alliance Qualifies for federal disability benefitsH as been found to be unable to pay for habitation, care, or legal services by any branch of the Superior Court of the District of Columbia I f none of the above, the person or ward may establish by affidavit or other proof satisfactory to the Court the inability to pay any costs without substantial financial hardship to himself or herself or his or her family

Additional guidance is provided in the case annotations to the statutory provision. See In re Lizzie Mitchell, 121 WLR 541 (Super. Ct. 1993).