How Compensation Works When a Petition Is Granted
Guardianship proceedings involve multiple professionals. Investigators evaluate the situation. Attorneys represent the parties. Physicians assess capacity. When the court grants a petition for guardianship, the ward's estate generally pays for all of these services. How a guardian gets paid depends on the types of services provided during the guardianship hearing.
If not otherwise compensated for services rendered, an investigator, accountant, lawyer, physician, registered nurse, psychologist, guardian or guardian ad litem who is appointed pursuant to this article, including an independent lawyer representing the alleged incapacitated person pursuant to section 14-5303, subsection C, is entitled to reasonable compensation from the estate of the ward if the petition is granted, or from the petitioner if the petition is denied.
A.R.S. § 14-5314(A)If the petition is denied, the person who filed it bears the cost. This discourages frivolous petitions. It also ensures that legitimate cases have access to the professional resources needed, including a guardian ad litem when one is appointed to report to the court on the ward's behalf.
What Happens With Withdrawn or Dismissed Petitions
When a petitioner withdraws the case or fails to follow through, the court has discretion. It may charge the ward's estate or the petitioner. The court considers what is fair given how the case unfolded.
Attorneys hired by the proposed guardian or the petitioner are also entitled to reasonable compensation when the petition succeeds. If the ward's estate cannot cover these costs, the court determines and pays reasonable compensation itself. The county may recover those expenses from the estate when funds become available.
Family members considering guardianship should prepare for the true cost of a proceeding. Expenses go well beyond filing fees. Costs cover investigators, medical evaluations, attorney fees, and arrangements for the ward's living arrangements and care.