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MENTAL HYGIENE AND GUARDIANS
APPOINTED ATTORNEY PAYMENTS

Mental Hygiene/Involuntary Hospitalization cases

  • Billings for services rendered by an attorney appointed to represent a respondent must be sent to Public Defender Services. Public Defender Services may be contacted at (304)558-3905 or by visiting the website at www.pds.wv.gov.
  • These cases are designated MH in the court case number.

Guardianship/Conservatorship cases

Appointments to Represent an Alleged Protected Person/Protected Person

  • Billings for services rendered by an attorney appointed to represent an alleged protected person/protected person must be billed to the estate of that alleged protected person/protected person UNLESS the estate is devoid of funds.
  • A reasonable rate of compensation must be pre-approved by the circuit court to bill the estate of the alleged protected person/protected person.
  • The estate will be required to pay for appointed attorney representation UNLESS a circuit court makes a finding via court order that the estate is devoid of funds.
  • If the estate is held devoid of funds, billings for services rendered and a copy of the court order finding the estate devoid of funds may be sent to the West Virginia Supreme Court of Appeals Administrative Office, Division of Financial Services to seek payment. Payment by the Supreme Court is made at the rate of $65 per hour for out-of-court services, and $80 per hour for in-court services. See the billing changes form for detailed information.
  • These cases are designated G in the court case number.
  • GC34: Order Approving Payment By Supreme Court: Appointed Attorney Fee and Expense
  • GC35: Guardianship/Conservatorship Services: Appointed Attorney Voucher and Expense Statement

Appointments as Guardian Ad Litem for Conservator Sale or Mortgage of Real Estate

  • Billings for services rendered as a Guardian Ad Litem are paid in accordance with Trial Court Rule 21 Guardian Ad Litem, as the protected person is an incompetent person pursuant to Trial Court Rule 21.04.
  • Billings for services rendered must be billed to the litigant pursuant to Trial Court Rule 21.02 if the litigant is not an indigent person. In this case the litigant is the conservator on behalf of the protected person; therefore, if the protected person is not indigent, the billing must be paid from the protected person’s estate.
  • If the litigant is an indigent person, billings for services rendered and a copy of the court order finding the protected person an indigent person may be sent to the West Virginia Supreme Court of Appeals Administrative Office, Division of Financial Services to seek payment. Payment by the Supreme Court is made at the rate of $80 per hour for out-of-court services, and $100 per hour for in-court services, not to exceed $3,000.
  • An attorney is appointed Guardian Ad Litem in these cases after a petition is filed by the conservator on behalf of the protected person to sell or mortgage the protected person’s real property.
  • These cases are designated G in the court case number.