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(a) The OPA shall charge a case opening fee for establishment of a guardianship or conservatorship case, including a fee for any reappointments for the same client if the reappointment is made more than three months after the termination of a prior appointment. The case opening fee shall be
(1) $100 if OPA serves as guardian;
(2) $200 if OPA serves as conservator; and
(3) $300 if OPA serves as combined guardian and conservator.
(b) Except as provided in 2 AAC 60.100(f) , OPA shall charge a monthly fee for guardianship and conservatorship services provided to a client during the previous month. The OPA shall charge $40 per month for guardian services. The OPA shall determine a fee for conservator services, or combined guardian and conservator services, based upon the highest value of a client's liquid assets during each month that services are provided, by using the sliding scale fee schedule set out in 2 AAC 60.110(a) .
(c) A fee for the sale or management of a client's real or personal property shall be charged in addition to the case opening fee described in (a) of this section, and the monthly guardianship or conservatorship fees described in (b) of this section. The OPA shall charge a fee for the sale of real or personal property when a sale is completed. The OPA shall charge a fee for management of real property each year at the time OPA files the annual court report. If the property is sold, the rate for a property sale or management fee shall be determined by using the fee schedule set out in 2 AAC 60.110(b) , based upon the value of the property at the time of the sale. If the property is not sold, the management fee shall be determined based upon the value of the property at the time OPA evaluates a client's estate as set out in 2 AAC 60.090.
(d) The OPA may appoint a private party with experience in real or personal property management to care for specified assets of a client if that appointment would serve the client's best interests. If an appointment of a private party is made, OPA may not charge or collect management fees from the client. The private party managing the assets shall be paid from the client's liquid assets.
(e) The OPA shall provide a written notice to a client, advising the client that the client or the client's estate will be charged for guardianship or conservatorship services. The written notice must describe all fees set out in 2 AAC 60.070 - 2 AAC 60.120 and must be provided to the client at least 15 days before collection of the case opening fee.
History: Eff. 3/25/95, Register 133
Authority: AS 13.26.410
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Last modified 7/05/2006