35-5-23 - Compensation of guardians.
§ 35-5-23. Compensation of guardians.
In the final account the court or chancellor in vacation shall make an allowance to the guardian for his services not to exceed five per centum on the value of the estate which shall be equitably prorated where the guardianship has been administered by two or more guardians, except as hereinafter provided. In the event of extraordinary services rendered by such guardian the court may, upon petition and after hearing thereon, authorize additional compensation therefor payable from the estate of the ward. Notice of such petition and hearing shall be given the proper office of the bureau in the manner provided by Section 35-5-17. In annual or partial accounts the court or chancellor may allow a guardian a reasonable commission for his services based upon the amount of disbursements, or, in proper cases where the amount based on disbursements would be inadequate, on the amount received or invested, or the total value of the estate as in other cases of guardianship, but not to exceed the maximum hereinabove provided for, except that in any event the court or chancellor in vacation, in its discretion may allow a minimum commission of one hundred dollars ($100.00) per annum. The guardian may be allowed from the estate of his ward reasonable premiums paid by him to any corporate surety upon his bond. The guardian's attorney may be allowed from the estate of the ward a reasonable attorney's fee for legal services to the estate or to the ward, if the court be of the opinion that the services were proper and rendered in good faith, the amount of the fee to be in the discretion of the court.
Sources: Codes, 1930, § 7345; 1942, § 7503; Laws, 1930, ch. 204; Laws, 1936, ch. 245; Laws, 1966, ch. 320, § 2, eff from and after passage (approved March 8, 1966).