Guardians may bill $60/month for Wards receiving Medicaid when the Ward is placed in a nursing home. In order to collect this reimbursement, the guardian will need to complete the Medicaid application answering the question that “guardianship fees are needed”. If an application has already been filed, it will need to be filed again. The patient pay amount is reduced by $60 and the Guardian deducts the monthly amount directly from the Ward’s monthly check.
When the Ward lives independently, Guardians must check with the Probate Judge in the County where the guardianship was established or where the guardianship is now supervised. The judge determines what a guardian may charge for fees. This amount varies from county to county and is dependent of the size on the Ward’s estate. All fees must be approved by the Court before the Guardian may assess them.
Typically if a Ward is placed in an Adult Foster Care facility, there are no funds from which to assess a fee. Again, this will depend of the assets of the Ward. If the Ward has an estate, fee determination and approval of fees are made by the Court. In general, Wards placed in Adult Foster Care are pro bono.
In instances where the Ward possesses an estate, both the Guardian and the Conservator may charge a fee; however, all fees are subject to the Court’s approval. If a fee is approved, the Guardian must submit an invoice for the approved amount to the Conservator in order to receive payment.
(Date posted 08-11-2011)