387.760 Court costs -- Compensation, commission, and reimbursement for
expenses.
(1)
(2)
(3)
No court costs shall be charged to a respondent or ward in any proceeding under
KRS 387.500 to 387.770, if the respondent or ward is a poor person as defined in
KRS 453.190.
Limited guardians, guardians, limited conservators and conservators are entitled to
reasonable compensation for services rendered and to reimbursement for reasonable
and necessary expenses incurred in the exercise of their assigned guardianship or
conservatorship duties and powers. Such compensation and reimbursement shall be
paid from the financial resources of the ward and shall not exceed:
(a) A commission of not more than six percent (6%) of the income collected by
the fiduciary, payable at the time the income is collected; and
(b) Either, but not both, of the following, as elected by the fiduciary:
1.
An annual commission of three-tenths of one percent (0.3%) of the fair
market value of the real and personal property in the care of the
fiduciary; or
2.
An annual commission of not more than six percent (6%) of the fair
market value of the principal distributed by the fiduciary, payable at the
time the principal is distributed.
In the absence of an agreement to the contrary, a commission on income shall be
paid out of the income of the estate and a commission on principal shall be paid out
of the principal of the estate.
Upon submitted proof showing that in the handling of the estate the fiduciary has
performed additional and necessary services which have been unusual or
extraordinary and not normally incident to the care and management of a similar
estate, the court may allow the fiduciary additional compensation as is fair and
reasonable for the additional services rendered.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 28, sec. 20, effective July 15, 2010. -- Amended
2008 Ky. Acts ch. 130, sec. 3, effective July 15, 2008. -- Created 1982 Ky. Acts
ch. 141, sec. 27, effective July 1, 1982.
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