TITLE 15

UNIFORM PROBATE CODE

CHAPTER 5

PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY [EFFECTIVE UNTIL JANUARY 1, 2027] UNIFORM GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE ARRANGEMENTS ACT [EFFECTIVE JANUARY 1, 2027]

PART 1

GENERAL PROVISIONS

15-5-119.  COMPENSATION AND EXPENSES — IN GENERAL. [effective january 1, 2027] (1) Unless otherwise compensated or reimbursed, an attorney for a respondent in a proceeding under this chapter is entitled to reasonable compensation for services and reimbursement of reasonable expenses from the property of the respondent.

(2)  Unless otherwise compensated or reimbursed, an attorney or other person whose services resulted in an order beneficial to an individual subject to guardianship or conservatorship or for whom a protective arrangement under this chapter was ordered is entitled to reasonable compensation for services and reimbursement of reasonable expenses and, if appropriate, reasonable attorney’s fees and costs from the property of the individual subject to guardianship or conservatorship.

(3)  Upon the petition of any interested person, the court may review compensation and expenses payable under this section and determine whether, or to what extent, such compensation and expenses are approved.

(4)  If the court dismisses a petition under this chapter and determines the petition was filed in bad faith, the court may assess attorney’s fees and costs and the cost of any court-ordered professional evaluation or visitor, DD evaluation committee, or guardian ad litem against the petitioner.

(5)  If any person brings or defends any conservatorship proceeding in good faith, whether successful or not, the person is entitled to receive from the estate the person’s necessary expenses and disbursements, including reasonable attorney’s fees incurred in such proceeding.

(6)  If the estate is inadequate to bear any of the reasonable compensation, fees, or costs referenced in this section, the court may apportion the reasonable compensation, fees, or costs to any party, or among the parties, as the court deems reasonable.

(7)  The court may not apportion any reasonable compensation, fees, or costs to the county in which proceedings pursuant to this chapter were held.

History:

[15-5-119, added 2026, ch. 79, sec. 3, p. 335.]