Title 2 . Administration

Chapter 60 . Public Information

Section 100. Collection of fees and costs

2 AAC 60.100. Collection of fees and costs

(a) The OPA may collect the case opening fee described in 2 AAC 60.080(a) after the filing of the court order appointing OPA as the guardian or conservator of a client, and at least 15 days after OPA provides notice to the client as required under 2 AAC 60.080(e) . The OPA shall collect the case opening fee by using a method that OPA determines is in the client's best interests and that prevents a financial hardship to the client.

(b) The OPA shall collect the monthly fee described in 2 AAC 60.080(b) by using a method that OPA determines is in the client's best interests and that prevents a financial hardship to the client.

(c) The OPA may collect a fee from the estate of a deceased client.

(d) If OPA acts only as conservator, a fee may not be collected before an inventory of the estate is made.

(e) The OPA may not collect a fee from a client if OPA determines that payment of the fee would result in a financial hardship to the client. When determining whether a hardship will result from payment of a fee, OPA shall consider a client's

(1) income;

(2) liabilities;

(3) assets; and

(4) projected ability to pay for vital services, including food, housing, medical care and other treatment, education, and personal needs expenses.

(f) The OPA may not collect a monthly fee from a client who receives only a personal needs allowance under 7 AAC 40.390 or 7 AAC 43.250.

(g) The OPA may waive collection of a fee if no substantial guardianship or conservatorship services have been provided to a client. A substantial service is provided if OPA performs any of the duties listed under "guardianship and conservatorship services" as defined in 2 AAC 60.120.

(h) The OPA may waive or reduce a fee if the reasonable charge for guardianship or conservatorship services is below the fee schedule amount or if the cost of collection would exceed the fees due.

(i) In addition to the fees collected under this section, OPA may collect reimbursement of costs from a client for any expenses paid on behalf of that client by OPA.

(j) All fees and reimbursement of costs collected by OPA shall be reflected in the annual court report, including an annual court report filed by a court visitor.

History: Eff. 3/25/95, Register 133

Authority: AS 13.26.410

AS 44.21.410