Establishing a guardianship has a few costs that are associated with setting it up. These can vary based on the state and county you reside in as well as whether or not you choose to work with an attorney. Who pays these fees? In most cases, and depending on the type of fee, they will be paid by the guardian or the beneficiary of the guardianship.
What fees are associated with starting a guardianship? These are some of the costs you can expect to incur.
Court Filing Fees
Fees for filing a guardianship case are dictated by Minn. Stat. § 357.021, subd. 2(4), Court Operations Policy 506(h). You can find the most recent guardianship case fees on the court’s website here. All court users are required to submit these fees for their cases and can also be required to pay additional law library fees, etc.
Check with the courts or your attorney to see what current fees the courts require in regards to your guardianship case.
Fees for Attorneys
If you are working with an attorney while setting up a guardianship, which is highly recommended, there will be appropriate attorney fees to be paid for handling and assistance with your case. These will be discussed with the attorney you use.
Surety Bond Fees
Many states require a surety bond for guardianships. These particular bonds, known as guardianship bonds, provide a form of insurance for a protected person should the guardian fail to perform their duties. The bond amount is usually set by the court, and this will vary from state to state. How much the bond will cost is dependent on the amount set by the court.
Guardian Fees
Can the person who is appointed to be the guardian collect a fee for their services? In most states, the answer is yes. The amount that the guardian can be paid is generally very small and is locally set by the individual counties within a state. If you have questions about how much you can be paid as a guardian in your area, check with the local courts or your attorney. Keep in mind that this will likely be a very small fee.
Getting a Guardianship Bond in Your State
If you live in a state that requires guardianship bonds, or if you have been directed by the court to obtain one before you can assume your duties as a guardian, don’t hesitate to reach out to our agents at The Patrick J. Thomas Agency. We can help you get the surety bond you need so that you can move your case along and establish your guardianship more quickly. Contact us today to discuss the details of your case and the bond you need.
Disclaimer: this is for informational purposes only and is not intended to be legal advice. If you need legal counsel, please contact an attorney directly.