ATTORNEY AD LITEM - CHARGED AGAINST PROPERTY
Present law provides that the costs of the proceedings, which are the court costs, the guardian ad litem fee and expenses incurred by the guardian ad litem in conducting the required investigations, the required medical examination costs, and the attorney's fee for the petitioner, may, in the court's discretion, be charged against the property of the respondent to the extent the respondent's property exceeds the supplemental security income eligibility limit, or to the petitioner or any other party, or partially to any one or more of them as determined in the court's discretion. In exercising its discretion to charge some or all of the costs against the respondent's property, the fact a conservator is appointed or would have been appointed but for an event beyond the petitioner's control is to be given special consideration. The guardian ad litem fee and the attorney's fee for the petitioner must be established by the court. If a fiduciary is cited for failure to file an inventory or accounting, the costs incurred in citing the fiduciary, in the discretion of the court, is authorized to be charged to and collected from the cited fiduciary.
This bill adds that the cost of an attorney ad litem may, in the court's discretion, be charged against the property to the extent the respondent's property exceeds the supplemental security income eligibility limit, or to the petitioner or any other party, or partially to any one or more of them as determined in the court's discretion. Additionally, the cost of the attorney ad litem fee must be established by the court.
ATTORNEY AD LITEM - CHARGED AGAINST ASSETS
Present law provides that the cost of an attorney ad litem must be charged against the assets of the respondent.
This bill deletes the above provision entirely.
ON APRIL 10, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1952, AS AMENDED.
AMENDMENT #1 rewrites the bill to, instead, make the changes described below to the present law relevant to an attorney ad litem.
Present law requires the cost of the attorney ad litem to be charged against the assets of the respondent. This amendment adds to the present law by authorizing the costs of an attorney ad litem to, in the court's discretion, be charged against the petitioner if the court dismisses a conservatorship petition because of a finding of fraud, bad faith, or deception by the petitioner.
This amendment authorizes the cost of the attorney ad litem in an emergency guardianship or conservatorship proceeding to, in the court's discretion, be charged against the assets of the respondent or against the petitioner. The costs charged must not exceed $1,500 except when the court dismisses an emergency guardianship or conservatorship proceeding because of a finding of fraud, bad faith, or deception by the petitioner or when the court determines there are unusually complex factual issues, in which case there is no cap on the attorney ad litem fees. The maximum amount of the fee for the attorney ad litem must be adjusted annually for inflation based upon the percentage of change in the average consumer price index (all items-city average), as published by the United States department of labor, bureau of labor statistics, for the calendar year immediately preceding. The adjustment must take effect on February 1, 2025, and on February 1 of each year thereafter.
This amendment authorizes the cost of the attorney ad litem in an expedited limited healthcare fiduciary proceeding to, in the court's discretion, be charged against the assets of the respondent or against the petitioner. The costs charged must not exceed $1,500 except when the court dismisses an expedited limited healthcare fiduciary proceeding because of a finding of fraud, bad faith, or deception by the petitioner or when the court determines the proceeding involves unusually complex factual issues, in which case there is no cap on the attorney ad litem fees. The maximum amount of the fee for the attorney ad litem must be adjusted annually for inflation based upon the percentage of change in the average consumer price index (all items-city average), as published by the United States department of labor, bureau of labor statistics, for the calendar year immediately preceding. The adjustment must take effect on February 1, 2025, and on February 1 of each year thereafter.

Statutes affected:
Introduced: 34-1-114(a), 34-1-114, 34-1-125(b), 34-1-125