§ 15-10-505. Notice to Fiduciary – Current Address on File
In all actions undertaken pursuant to this part 5, the following provisions shall govern notice to fiduciaries: In emergency situations. If it appears to a court that an emergency exists because there is an imminent risk of substantial harm to a ward’s or protected person’s health, safety, or welfare or to the financial interests of […]
§ 15-10-601. Definitions
As used in this part 6, unless the context otherwise requires: “Estate” means the property of the decedent, trust, or other person whose affairs are subject to this code or any code included as part of this title 15 as the estate is originally constituted and as the estate exists from time to time during […]
§ 15-10-602. Recovery of Reasonable Compensation and Costs
A fiduciary and his or her lawyer are entitled to reasonable compensation for services rendered on behalf of an estate. A lawyer hired by a respondent, ward, or protected person is entitled to reasonable compensation and costs incurred for the legal representation the lawyer provides for the respondent, ward, or protected person. A third party […]
§ 15-10-603. Factors in Determining the Reasonableness of Compensation and Costs
A court may review and determine: The reasonableness of the compensation of any fiduciary, lawyer, or other person who: Is employed on behalf of an estate, fiduciary, respondent, ward, or protected person; Is appointed by the court; or Provides beneficial services to an estate, respondent, ward, or protected person; and The appropriateness of any cost […]
§ 15-10-604. Fee Disputes – Process and Procedure
A dispute over the reasonableness of a request for compensation or costs authorized by this part 6 shall be resolved in accordance with the factors set forth in section 15-10-603 (3) and the process and procedure set forth in this section. For purposes of this section, a fee dispute shall be deemed to have arisen […]
§ 15-10-605. Compensation and Costs – Assessment – Limitations
If the court determines that any proceedings pursuant to this code or any pleadings filed in such proceedings were brought, defended, or filed in bad faith, the court may assess the fees and the costs, including reasonable attorney fees, incurred by the fiduciary and other affected parties in responding to the proceedings or pleadings, against […]
§ 15-10-606. Applicability
This part 6 applies to: An estate existing before, on, or after August 10, 2011; and Proceedings to determine the reasonableness of compensation and costs commenced on or after August 10, 2011. This part 6 does not apply to proceedings to determine the reasonableness of compensation and costs commenced before August 10, 2011, unless the […]
§ 15-10-112. Cost of Living Adjustment of Certain Dollar Amounts
As used in this section, unless the context otherwise requires: “CPI” means the consumer price index (annual average) for all urban consumers (CPI-U): United States city average — all items, reported by the bureau of labor statistics, United States department of labor or its successor agency or, if the index is discontinued, an equivalent index […]
§ 15-10-503. Power of a Court to Address the Conduct of a Fiduciary – Emergencies – Nonemergencies
Emergency situations – court action without the requirement of prior notice or hearing. If it appears to a court that an emergency exists because a fiduciary’s actions or omissions pose an imminent risk of substantial harm to a ward’s or protected person’s health, safety, or welfare or to the financial interests of an estate, the […]
§ 15-10-201. General Definitions
Subject to additional definitions contained in this article 10 and the subsequent articles that are applicable to specific articles, parts, or sections, and unless the context otherwise requires, in this code: “Agent” means an attorney in fact under a durable or nondurable power of attorney, an individual authorized to make decisions concerning another’s health care, […]