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Any new Petition
filed with the Court requires payment of a filing fee of about $200.00,
differing slightly from County to County.
The Court Investigation
process described above results in a fee which the County can assess
and which the Court can order. The Investigation Fee can be waived
in many instances but, if not waived, can range from a nominal amount
to almost $500.00.
The Letters
of Conservatorship issued to the Conservator often must be certified
by the County Clerk at a cost of about $6.00 per copy and in some
instances the Letters of Conservatorship must be recorded, with
recording fees usually between $10-20.
If a Conservatorship
involves the Conservatee's estate, several other costs will likely
be involved:
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A
Conservator of the Estate must usually obtain and file with
the Court a surety bond to protect the estate from loss. The
Court sets bond at an amount sufficient to cover the value
of the estate, including the annual income, and the bond premium
will be based on the amount of money being covered. Bonds
must be renewed each year unless waived, with annual premiums
required. |
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Conservators
of the Estate must file an "Inventory" with the Court, listing
the Conservatee's property which has become part of the Conservatorship.
In order to have an objective determination of the property's
value, the Court appoints a "Probate Referee" to fix the value
for any non-cash assets. The Probate Referee charges a minimum
fee of $75.00 and otherwise 1/10th of 1 per cent of the property
valued, plus costs. |
Beyond the
costs listed above, fees for the Conservator and for Attorney(s)
may also be involved:
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By
law the Conservator can receive reasonable compensation for
his or her services. This is particularly understandable for
matters involving the estate, with the ongoing reporting and
accounting responsibilities. No fees are to be paid to the
Conservator without prior Court approval. |
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Legal
representation of the Petitioner is not required. However,
the assistance of a knowledgeable attorney can benefit the
Petitioner throughout the process. Attorneys typically charge
by the hour for this type of work and, as with Conservator's
fees, no fees are to be paid to the attorney without prior
Court approval. |
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Sometimes,
the Court appoints an attorney to represent the individual
interests of the Conservatee (and, in certain situations appointment
of counsel is mandatory). Depending on who is appointed and
local practice, the appointed attorney may have his or her
fees paid, as well. |
The
Conservatee's estate - his or her income and assets - usually bears
the costs and fees described above. As you might expect, the cost
to establish and then maintain a Conservatorship can become significant.
These costs and fees serve as a reason we advise looking at all
possible alternatives. However, when needed, Conservatorships do
provide an important, effective protection for the Conservatee and
his or her estate, with the necessary costs being a reasonable expense
for that protection.
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The
Conservatee's estate usually bears the costs and fees
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