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Massachusetts Uniform Probate Court Practice XXXII: Compensation of Guardians Ad Litem: Limitation on Hours


A. 1. Guardians ad litem appointed by justices of the Probate and Family Court Department in cases in which the cost will be borne by the Commonwealth, except as otherwise provided herein, shall be compensated at the rate of $50.00 per hour including expenses. This rate does not apply in cases in which the G.A.L. is paid by a party or from an estate unless specifically ordered by the court.

2. Guardians ad litem appointed to serve process pursuant to MGL 215:56B shall be compensated at the rate of $17.00 per hour, plus expenses, excluding travel.

B. The appointment of any guardian ad litem in cases in which the cost will be borne by the Commonwealth shall be limited to ten hours. An extension of time may be authorized by the court for additional hours upon motion of the guardian ad litem. The guardian ad litem shall be advised by the Register of this limitation in writing.

C. No payment for services shall be authorized and approved by the court until the guardian ad litem has filed a report and surrendered his or her appointment except where the Court orders otherwise.

D. The Court shall examine the financial ability of the parties to pay for all or a portion of the fees of the guardian ad litem so appointed and the parties shall be notified by the Court of its intention to assess the cost of the service of the guardian ad litem against either or both of them.

Added, effective January 1, 1988.