Rule 328. Compensation and expenses of conservator.

 (a)  A conservator shall normally serve without compensation, but where a conservatorship is expected to be prolonged or require greater effort than normal the appointing court may, with the prior written approval of the Board Chairman, order that the conservator be compensated on an agreed basis. Any such agreement shall be filed with the Office of the Secretary.

 (b)  Upon the completion of a conservatorship, the appointing court, with the prior written approval of the Board Chairman, shall have the power to award compensation or to increase compensation previously agreed to upon application of the conservator and upon demonstration by the conservator that the nature of the conservatorship was extraordinary and that failure to award or increase previously agreed compensation would work a substantial hardship on the conservator. In such event, compensation shall be awarded only to the extent that the efforts of the conservator have exceeded those normally required or reasonably anticipated at the time the original compensation agreement was approved.

 (c)  The necessary expenses (including the fees and expenses of a certified public accountant engaged pursuant to Enforcement Rule 324(c)) and any compensation of a conservator shall, if possible, be paid by the absent attorney or his or her estate. If not so paid, then upon certification by the president judge of the appointing court and approval by the Board Chairman, the expenses and any compensation of the conservator shall be paid as a cost of disciplinary administration and enforcement. See Enforcement Rule 219(a) (relating to periodic assessment of attorneys).

   The provisions of this Rule 328 amended December 12, 1983, effective December 12, 1983, 13 Pa.B. 3996; amended July 18, 1995, effective August 5, 1995, 25 Pa.B. 3092. Immediately preceding text appears at serial pages (143959) to (143960).