District of Columbia Official Code 2001 Edition.

Division III. Decedents' Estates and Fiduciary Relations.

Title 21. Fiduciary Relations and Persons with Mental Illness.

Chapter 20. Guardianship, Protective Proceedings, and Durable Power of Attorney.

Subchapter VI. Protection of Property of Incapacitated, Disappeared or Detained Individuals.

§ 21-2060. Compensation and expenses.

Current through October 23, 2012

(a) As approved by order of the court, any visitor, attorney, examiner, conservator, special conservator, guardian ad litem, or guardian is entitled to compensation for services rendered either in a guardianship proceeding, protective proceeding, or in connection with a guardianship or protective arrangement. Any guardian or conservator is entitled to reimbursement for room, board, and clothing personally provided to the ward from the estate of the ward, but only as approved by order of the court. Compensation shall be paid from the estate of the ward or person or, if the estate of the ward or person will be depleted by payouts made under this subsection, from a fund established by the District.

(a-1) The estate of a person or ward shall be presumed to be depleted for purposes of this chapter, and all compensation, expenses, and payouts made under this section shall be paid from a fund established by the District:

(1) If the person or ward qualifies for federal Supplemental Security Income under Title XVI of the Social Security Act;

(2) If the person or ward qualifies for Medicaid or Medicaid Expansion Programs as allowed by federal, state, or local requirements;

(3) If the person or ward qualifies for other means-tested public assistance programs as allowed by federal, state, or local requirements, including, Temporary Assistance for Needy Families, Interim Disability Assistance, Food Stamps, and D.C. Healthcare Alliance;

(4) If the person or ward qualifies for federal disability benefits, including Old Age, Survivors, and Disability Insurance Benefits under Title II of the Social Security Act, Rehabilitation Services Administration Payments, Railroad Retirement Board, or Veterans benefits and such benefits constitute the person or ward's sole source of income;

(5) If the person or ward has been found to be unable to pay for habilitation, care, or legal services by any branch of the Superior Court of the District of Columbia; or

(6) If the circumstances listed in paragraphs (1), (2), (3), (4), and (5) of this subsection do not apply, 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.

(b) There is established within the General Fund of the District of Columbia a separate account to be known as the "Guardianship Fund" ("Fund") and to be administered by the court. There is authorized to be appropriated funds necessary for the administration of this section.

                
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(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632; July 25, 1987, D.C. Law 7-17, § 2(a), 34 DCR 3802; Oct. 22, 2008, D.C. Law 17-249, § 2(j), 55 DCR 9206; Sept. 26, 2012, D.C. Law 19-171, § 76, 59 DCR 6190.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 21-2060.

Effect of Amendments

D.C. Law 17-249 added subsec. (a-1).

D.C. Law 19-171, in subsec. (a-1)(3), inserted a comma following "requirements".

Temporary Amendments of Section

Section 2(j) of D.C. Law 17-100 added subsec. (a-1) to read as follows:

"(a-1) The estate of a person or ward shall be deemed depleted for purposes of this chapter, and all compensation, expenses, and payouts made under this section shall be paid from a fund established by the District:

"(1) If the person or ward qualifies for federal Supplemental Security Income under Title XVI of the Social Security Act;

"(2) If the person or ward qualifies for Medicaid or Medicaid Expansion Programs as allowed by federal, state, or local requirements;

"(3) If the person or ward qualifies for other means-tested public assistance programs as allowed by federal, state, or local requirements, including Temporary Assistance for Needy Families, Interim Disability Assistance, Food Stamps, or D.C. Healthcare Alliance;

"(4) If the person or ward qualifies for federal disability benefits, including Old Age, Survivors, and Disability Insurance Benefits under Title II of the Social Security Act, Rehabilitation Services Administration Payments, Railroad Retirement Board, or Veterans benefits and such benefits constitute the person or ward's sole source of income;

"(5) If the person or ward has been found to be unable to pay for habilitation, care, or legal services by any branch of the Superior Court of the District of Columbia; or

"(6) If the circumstances listed in paragraphs (1), (2), (3), (4), or (5) of this subsection do not apply, the person or ward establishes, 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."

Section 6(b) of D.C. Law 17-100 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 2(j) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2007 (D.C. Act 17-161, October 18, 2007, 54 DCR 10932).

For temporary (90 day) amendment of section, see § 2(j) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-245, January 23, 2008, 55 DCR 1230).

For temporary (90 day) amendment, see § 2(j) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2008 (D.C. Act 17-492, August 4, 2008, 55 DCR 9167).

Legislative History of Laws

For legislative history of D.C. Law 6-204, see Historical and Statutory Notes following § 21-2001.

Law 7-17, the "District of Columbia Guardianship and Protective Proceedings Amendment Act of 1987," was introduced in Council and assigned Bill No. 7-199, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on May 5, 1987, and May 19, 1987, respectively. Signed by the Mayor on June 1, 1987, it was assigned Act No. 7-31 and transmitted to both Houses of Congress for its review.

For Law 17-249, see notes following § 21-2002.

Law 19-171, the "Technical Amendments Act of 2012", was introduced in Council and assigned Bill No. 19-397, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on March 20, 2012, and April 17, 2012, respectively. Signed by the Mayor on May 23, 2012, it was assigned Act No. 19-376 and transmitted to both Houses of Congress for its review. D.C. Law 19-171 became effective on September 26, 2012.

References in Text

Title XVI of the Social Security Act, referred to in subsection (a-1) of this section, is codified as 42 U.S.C.A. § 1381 et seq.

Title II of the Social Security Act, referred to in subdivision (a-1) of this section, is codified as 42 U.S.C.A. §§ 401 to 433.

Miscellaneous Notes

Appropriations approved: Public Law 104-194, 110 Stat. 2358, the District of Columbia Appropriations Act, 1997, provided that funds appropriated for expenses under § 21-2060, for fiscal year ending September 30, 1997, shall be available for obligations incurred under that Act in each fiscal year since inception in fiscal year 1989.

Prompt Payment of Appointed Counsel. Section 129 of Pub. L. 107-96, Dec. 21, 2001, 115 Stat. 923, provides:

"(a) ASSESSMENT OF INTEREST FOR DELAYED PAYMENTS -- If the Superior Court of the District of Columbia or the District of Columbia Court of Appeals does not make a payment described in subsection (b) prior to the expiration of the 45- day period which begins on the date the Court receives a completed voucher for a claim for the payment, interest shall be assessed against the amount of the payment which would otherwise be made to take into account the period which begins on the day after the expiration of such 45-day period and which ends on the day the Court makes the payment.

"(b) PAYMENTS DESCRIBED. -- A payment described in this subsection is --

"(1) a payment authorized under section 11-2604 and section 11-2605, D.C. Code (relating to representation provided under the District of Columbia Criminal Justice Act);

"(2) a payment for counsel appointed in proceedings in the Family Division of the Superior Court of the District of Columbia under chapter 23 of title 16, D.C. Code; or

"(3) a payment for counsel authorized under section 21-2060, D.C. Code (relating to representation provided under the District of Columbia Guardianship, Protective Proceedings, and Durable Power of Attorney Act of 1986).

"(c) STANDARDS FOR SUBMISSION OF COMPLETED VOUCHERS. -- The chief judges of the Superior Court of the District of Columbia and the District of Columbia Court of Appeals shall establish standards and criteria for determining whether vouchers submitted for claims for payments described in subsection (b) are complete, and shall publish and make such standards and criteria available to attorneys who practice before such Courts.

"(d) RULE OF CONSTRUCTION. -- Nothing in this section shall be construed to require the assessment of interest against any claim (or portion of any claim) which is denied by the Court involved.

"(e) EFFECTIVE DATE. -- This section shall apply with respect to claims received by the Superior Court of the District of Columbia or the District of Columbia Court of Appeals during fiscal year 2002, and claims received previously that remain unpaid at the end of fiscal year 2001, and would have qualified for interest payment under this section."

Prompt Payment of Appointed Counsel. Section 128 of Pub. L. 108-7, Feb. 20, 2003, 117 Stat. 127, provides:

"(a) If the Superior Court of the District of Columbia or the District of Columbia Court of Appeals does not make a payment described in subsection (b) prior to the expiration of the 45-day period which begins on the date the Court receives a completed voucher for a claim for the payment, interest shall be assessed against the amount of the payment which would otherwise be made to take into account the period which begins on the day after the expiration of such 45-day period and which ends on the day the Court makes the payment.

"(b) A payment described in this subsection is--

"(1) a payment authorized under section 11-2604 and section 11-2605, D.C. Official Code (relating to representation provided under the District of Columbia Criminal Justice Act);

"(2) a payment for counsel appointed in proceedings in the Family Court of the Superior Court of the District of Columbia under chapter 23 of title 16, D.C. Official Code; or

"(3) a payment for counsel authorized under section 21-2060, D.C. Official Code (relating to representation provided under the District of Columbia Guardianship, Protective Proceedings, and Durable Power of Attorney Act of 1986).

"(c) The chief judges of the Superior Court of the District of Columbia and the District of Columbia Court of Appeals shall establish standards and criteria for determining whether vouchers submitted for claims for payments described in subsection (b) are complete, and shall publish and make such standards and criteria available to attorneys who practice before such Courts.

"(d) Nothing in this section shall be construed to require the assessment of interest against any claim (or portion of any claim) which is denied by the Court involved.

"(e) This section shall apply with respect to claims received by the Superior Court of the District of Columbia or the District of Columbia Court of Appeals during fiscal year 2003 and any subsequent fiscal year."

Uniform Law

This section is based upon § 2-313 of the Uniform Guardianship and Protective Proceedings Act (1982 Act). See 8A Uniform Laws Annotated, Master Edition, or ULA Database on WESTLAW.