Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1339


Introduced by Assembly Member Maienschein

February 22, 2013


An act to amendbegin delete Section 6535 of the Business and Professions Code,end deletebegin insert Sections 1510, 1821, 2250, and 2643 of, and to add Sections 2614.7 and 2643.1 to, the Probate Code,end insert relating to professional fiduciaries.

LEGISLATIVE COUNSEL’S DIGEST

AB 1339, as amended, Maienschein. Professional fiduciaries:begin delete licensing.end deletebegin insert guardians and conservators.end insert

begin insert

Existing law provides that a relative or other person on behalf of a minor, or a minor if he or she is 12 years of age or older, may file a petition for the appointment of a guardian of the person or estate of the minor. Existing law also provides that certain persons may file a petition for the appointment of a conservator. Existing law provides that on or after the filing of a petition for appointment of a guardian or conservator, a person entitled to petition for the appointment of a guardian or conservator may file a petition for the appointment of a temporary guardian or temporary conservator, as specified. Under existing law, when a petition to appoint a conservator or a temporary conservator is filed, and the petitioner is a professional fiduciary, as defined, the petition must include specified additional information, including the petitioner’s license information and a statement explaining who engaged the petitioner or how the petitioner was engaged to file the petition for appointment of a conservator and what prior relationship the petitioner had with the proposed conservatee or the proposed conservantee’s family or friends.

end insert
begin insert

This bill would require that when a petition to appoint a conservator or a temporary conservator is filed, and the petitioner is a professional fiduciary, as defined, the petition also include the petitioner’s proposed hourly fee schedule or another statement of the petitioner’s proposed compensation from the estate of the proposed conservatee for services performed.

end insert
begin insert

This bill would also require, when a petition to appoint a guardian or temporary guardian is filed, and the petitioner is a professional fiduciary, as defined, the petition to include the same additional information as when a professional fiduciary files a petition to appoint a conservator or a temporary conservator.

end insert
begin insert

Existing law requires, within 90 days of a guardian’s or conservator’s appointment, the guardian or conservator to file an inventory and appraisal.

end insert
begin insert

This bill would require the guardian or conservator, if he or she is a professional fiduciary, as defined, to file concurrently with the inventory and appraisal a proposed hourly fee schedule or another statement of his or her proposed compensation from the estate of the ward or conservatee for services performed.

end insert
begin insert

Existing law permits the court, on petition by the guardian or conservator, to authorize periodic payments on account to the guardian or conservator for the services rendered by those persons during the period covered by each payment.

end insert
begin insert

This bill would permit the court, on petition by a guardian or conservator who is a professional fiduciary, as defined, to authorize periodic payments on account only if the guardian or conservator filed a proposed hourly fee schedule or another statement of his or her proposed compensation from the estate of the ward or conservatee for services performed with the inventory and appraisal and only after addressing all objections to the petition. This bill would also provide that authorization for periodic payments to a guardian or conservator who is a professional fiduciary, as defined, would terminate, as specified, if the next succeeding accounting is filed delinquently.

end insert
begin delete

The Professional Fiduciaries Act creates the Professional Fiduciaries Bureau within the Department of Consumer Affairs and requires the bureau to license and regulate professional fiduciaries, as specified.

end delete
begin delete

This bill would make a technical, nonsubstantive change to these provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 1510 of the end insertbegin insertProbate Codeend insertbegin insert is amended to
2read:end insert

3

1510.  

(a) A relative or other person on behalf of the minor, or
4the minor if 12 years of age or older, may file a petition for the
5appointment of a guardian of the minor. A relative may file a
6petition for the appointment of a guardian under this section
7regardless of the relative’s immigration status.

8(b) The petition shall request that a guardian of the person or
9estate of the minor, or both, be appointed, shall specify the name
10and address of the proposed guardian and the name and date of
11birth of the proposed ward, and shall state that the appointment is
12necessary or convenient.

13(c) The petition shall set forth, so far as is known to the
14petitioner, the names and addresses of all of the following:

15(1) The parents of the proposed ward.

16(2) The person having legal custody of the proposed ward and,
17if that person does not have the care of the proposed ward, the
18person having the care of the proposed ward.

19(3) The relatives of the proposed ward within the second degree.

20(4) In the case of a guardianship of the estate, the spouse of the
21proposed ward.

22(5) Any person nominated as guardian for the proposed ward
23under Section 1500 or 1501.

24(6) In the case of a guardianship of the person involving an
25Indian child, any Indian custodian and the Indian child’s tribe.

26begin insert(d)end insertbegin insertend insertbegin insertIf the petitioner is a professional fiduciary, as described in
27Section 2340, who is required to be licensed under the Professional
28Fiduciaries Actend insert
begin insert (Chapter 6 (commencing with Section 6500) of
29Division 3 of the Business and Professions Code), the petition
30shall include the following:end insert

31begin insert (1)end insertbegin insertend insertbegin insertThe petitioner’s proposed hourly fee schedule or another
32statement of his or her proposed compensation from the estate of
33the proposed ward for services performed as a guardian.end insert

begin insert

34(2) Unless a petition for appointment of a temporary guardian
35that contains the statements required by this paragraph is filed
36together with a petition for appointment of a guardian, both of the
37following:

end insert
begin insert

38(A) A statement of the petitioner’s license information.

end insert
begin insert

P4    1(B) A statement explaining who engaged the petitioner or how
2the petitioner was engaged to file the petition for appointment of
3a guardian or to agree to accept the appointment as guardian and
4what prior relationship the petitioner had with the proposed ward
5or the proposed ward’s family or friends.

end insert
begin delete

6(d)

end delete

7begin insert(e)end insert If the proposed ward is a patient in or on leave of absence
8from a state institution under the jurisdiction of the State
9Department ofbegin delete Mental Healthend deletebegin insert State Hospitalsend insert or the State
10Department of Developmental Services and that fact is known to
11the petitioner, the petition shall state that fact and name the
12institution.

begin delete

13(e)

end delete

14begin insert(f)end insert The petition shall state, so far as is known to the petitioner,
15whether or not the proposed ward is receiving or is entitled to
16receive benefits from the Veterans Administration and the
17estimated amount of the monthly benefit payable by the Veterans
18Administration for the proposed ward.

begin delete

19(f)

end delete

20begin insert(g)end insert If the petitioner has knowledge of any pending adoption,
21juvenile court, marriage dissolution, domestic relations, custody,
22or other similar proceeding affecting the proposed ward, the
23petition shall disclose the pending proceeding.

begin delete

24(g)

end delete

25begin insert(h)end insert If the petitioners have accepted or intend to accept physical
26care or custody of the child with intent to adopt, whether formed
27at the time of placement or formed subsequent to placement, the
28petitioners shall so state in the guardianship petition, whether or
29not an adoption petition has been filed.

begin delete

30(h)

end delete

31begin insert(i)end insert If the proposed ward is or becomes the subject of an adoption
32petition, the court shall order the guardianship petition consolidated
33with the adoption petition, and the consolidated case shall be heard
34and decided in the court in which the adoption is pending.

begin delete

35(i)

end delete

36begin insert(j)end insert If the proposed ward is or may be an Indian child, the petition
37shall state that fact.

38begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 1821 of the end insertbegin insertProbate Codeend insertbegin insert is amended to read:end insert

39

1821.  

(a) The petition shall request that a conservator be
40appointed for the person or estate, or both, shall specify the name,
P5    1address, and telephone number of the proposed conservator and
2the name, address, and telephone number of the proposed
3conservatee, and state the reasons why a conservatorship is
4necessary. Unless the petitioner is a bank or other entity authorized
5to conduct the business of a trust company, the petitioner shall
6also file supplemental information as to why the appointment of
7a conservator is required. The supplemental information to be
8submitted shall include a brief statement of facts addressed to each
9of the following categories:

10(1) The inability of the proposed conservatee to properly provide
11for his or her needs for physical health, food, clothing, and shelter.

12(2) The location of the proposed conservatee’s residence and
13the ability of the proposed conservatee to live in the residence
14while under conservatorship.

15(3) Alternatives to conservatorship considered by the petitioner
16and reasons why those alternatives are not available.

17(4) Health or social services provided to the proposed
18conservatee during the year preceding the filing of the petition,
19when the petitioner has information as to those services.

20(5) The inability of the proposed conservatee to substantially
21manage his or her own financial resources, or to resist fraud or
22undue influence.

23The facts required to address the categories set forth in
24paragraphs (1) to (5), inclusive, shall be set forth by the petitioner
25when he or she has knowledge of the facts or by the declarations
26or affidavits of other persons having knowledge of those facts.

27Where any of the categories set forth in paragraphs (1) to (5),
28inclusive, are not applicable to the proposed conservatorship, the
29petitioner shall so indicate and state on the supplemental
30information form the reasons therefor.

31The Judicial Council shall develop a supplemental information
32form for the information required pursuant to paragraphs (1) to
33(5), inclusive, after consultation with individuals or organizations
34approved by the Judicial Council, who represent public
35conservators, court investigators, the State Bar, specialists with
36experience in performing assessments and coordinating
37community-based services, and legal services for the elderly and
38disabled.

39The supplemental information form shall be separate and distinct
40from the form for the petition. The supplemental information shall
P6    1be confidential and shall be made available only to parties, persons
2given notice of the petition who have requested this supplemental
3information or who have appeared in the proceedings, their
4attorneys, and the court. The court shall have discretion at any
5other time to release the supplemental information to other persons
6if it would serve the interests of the conservatee. The clerk of the
7court shall make provision for limiting disclosure of the
8supplemental information exclusively to persons entitled thereto
9under this section.

10(b) The petition shall set forth, so far as they are known to the
11petitioner, the names and addresses of the spouse or domestic
12partner, and of the relatives of the proposed conservatee within
13the second degree. If no spouse or domestic partner of the proposed
14conservatee or relatives of the proposed conservatee within the
15second degree are known to the petitioner, the petition shall set
16forth, so far as they are known to the petitioner, the names and
17addresses of the following persons who, for the purposes of Section
181822, shall all be deemed to be relatives:

19(1) A spouse or domestic partner of a predeceased parent of a
20proposed conservatee.

21(2) The children of a predeceased spouse or domestic partner
22of a proposed conservatee.

23(3) The siblings of the proposed conservatee’s parents, if any,
24but if none, then the natural and adoptive children of the proposed
25conservatee’s parents’ siblings.

26(4) The natural and adoptive children of the proposed
27conservatee’s siblings.

begin insert

28(c) If the petitioner is a professional fiduciary, as described in
29Section 2340, who is required to be licensed under the Professional
30Fiduciaries Act (Chapter 6 (commencing with Section 6500) of
31Division 3 of the Business and Professions Code), the petition
32shall include the following:

end insert

33begin insert(1)end insertbegin insertend insertbegin insertThe petitioner’s proposed hourly fee schedule or another
34statement of his or her proposed compensation from the estate of
35the proposed conservatee for services performed as a conservator.end insert

begin delete

36(c)

end delete

37begin insert(2)end insertbegin insertend insertUnlessbegin delete theend deletebegin insert aend insert petition for appointment ofbegin delete a temporary
38guardian orend delete
a temporary conservatorbegin insert that contains the statements
39required by this paragraphend insert
is filed together with a petition for
40appointment ofbegin delete a guardian orend delete a conservator,begin delete if the petitioner is
P7    1licensed under the Professional Fiduciaries Act, Chapter 6
2(commencing with Section 6500) of Division 3 of the Business
3and Professions Code, the petition shall includeend delete
both of the
4following:

begin delete

5(1)

end delete

6begin insert(A)end insert A statement of the petitioner’s license information.

begin delete

7(2)

end delete

8begin insert(B)end insert A statement explaining who engaged the petitioner or how
9the petitioner was engaged to file the petition for appointment of
10a conservatorbegin insert or to agree to accept the appointment as conservatorend insert
11 and what prior relationship the petitioner had with the proposed
12conservatee or the proposed conservatee’s family or friends.

13(d) If the petition is filed by a person other than the proposed
14conservatee, the petition shall include a declaration of due diligence
15showing both of the following:

16(1) Either the efforts to find the proposed conservatee’s relatives
17or why it was not feasible to contact any of them.

18(2) Either the preferences of the proposed conservatee
19concerning the appointment of a conservator and the appointment
20of the proposed conservator or why it was not feasible to ascertain
21those preferences.

22(e) If the petition is filed by a person other than the proposed
23conservatee, the petition shall state whether or not the petitioner
24is a creditor or debtor, or the agent of a creditor or debtor, of the
25proposed conservatee.

26(f) If the proposed conservatee is a patient in or on leave of
27absence from a state institution under the jurisdiction of the State
28Department of State Hospitals or the State Department of
29Developmental Services and that fact is known to the petitioner,
30the petition shall state that fact and name the institution.

31(g) The petition shall state, so far as is known to the petitioner,
32whether or not the proposed conservatee is receiving or is entitled
33to receive benefits from the Veterans Administration and the
34estimated amount of the monthly benefit payable by the Veterans
35Administration for the proposed conservatee.

36(h) The petition may include an application for any order or
37orders authorized under this division, including, but not limited
38to, orders under Chapter 4 (commencing with Section 1870).

39(i) The petition may include a further statement that the proposed
40conservatee is not willing to attend the hearing on the petition,
P8    1does not wish to contest the establishment of the conservatorship,
2and does not object to the proposed conservator or prefer that
3another person act as conservator.

4(j) In the case of an allegedly developmentally disabled adult,
5the petition shall set forth the following:

6(1) The nature and degree of the alleged disability, the specific
7duties and powers requested by or for the limited conservator, and
8the limitations of civil and legal rights requested to be included in
9the court’s order of appointment.

10(2) Whether or not the proposed limited conservatee is or is
11alleged to be developmentally disabled.

12Reports submitted pursuant to Section 416.8 of the Health and
13Safety Code meet the requirements of this section, and
14conservatorships filed pursuant to Article 7.5 (commencing with
15Section 416) of Part 1 of Division 1 of the Health and Safety Code
16are exempt from providing the supplemental information required
17by this section, so long as the guidelines adopted by the State
18Department of Developmental Services for regional centers require
19the same information that is required pursuant to this section.

20begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 2250 of the end insertbegin insertProbate Codeend insertbegin insert is amended to read:end insert

21

2250.  

(a) On or after the filing of a petition for appointment
22of a guardian or conservator, any person entitled to petition for
23appointment of the guardian or conservator may file a petition for
24appointment of:

25(1) A temporary guardian of the person or estatebegin insert,end insert or both.

26(2) A temporary conservator of the person or estatebegin insert,end insert or both.

27(b) The petition shall state facts which establish good cause for
28appointment of the temporary guardian or temporary conservator.
29The court, upon that petition or other showing as it may require,
30may appoint a temporary guardian of the person or estatebegin insert,end insert or both,
31or a temporary conservator of the person or estatebegin insert,end insert or both, to serve
32pending the final determination of the court upon the petition for
33the appointment of the guardian or conservator.

34(c) If the petitioner is abegin delete private professional conservator under
35Section 2341 orend delete
begin insert professional fiduciary, as described in Section
362340, who is required to beend insert
licensed under the Professional
37 Fiduciariesbegin delete Act, Chapterend deletebegin insert Act (Chapterend insert 6 (commencing with Section
386500) of Division 3 of the Business and Professionsbegin delete Code,end deletebegin insert Code),end insert
39 the petition for appointment of a temporarybegin insert guardian or temporaryend insert
40 conservator shall includebegin delete both ofend delete the following:

begin insert

P9    1(1) The petitioner’s proposed hourly fee schedule or another
2statement of his or her proposed compensation from the estate of
3the proposed ward or proposed conservatee for services performed
4as a guardian or conservator.

end insert

5begin insert(2)end insertbegin insertend insertbegin insertUnless a petition for appointment of a guardian or
6conservator that contains the statements required by this paragraph
7is filed together with a petition for appointment of a temporary
8guardian or temporary conservator, both of the following:end insert

begin delete

9(1)

end delete

10begin insert(A)end insertbegin insertend insertA statement of the petitioner’s registration or license
11information.

begin delete

12(2)

end delete

13begin insert(B)end insert A statement explaining who engaged the petitioner or how
14the petitioner was engaged to file the petition for appointment of
15a temporarybegin insert guardian or temporaryend insert conservatorbegin insert or to agree to
16accept the appointment as temporary guardian or temporary
17conservatorend insert
and what prior relationship the petitioner had with the
18proposedbegin insert ward or proposedend insert conservatee or the proposedbegin insert ward’s
19or proposedend insert
conservatee’s family orbegin delete friends, unless that information
20is included in a petition for appointment of a general conservator
21filed at the same time by the person who filed the petition for
22appointment of a temporary conservator.end delete
begin insert friends.end insert

23(d) If the petition is filed by a party other than the proposed
24conservatee, the petition shall include a declaration of due diligence
25showing both of the following:

26(1) Either the efforts to find the proposed conservatee’s relatives
27named in the petition for appointment of a general conservator or
28why it was not feasible to contact any of them.

29(2) Either the preferences of the proposed conservatee
30concerning the appointment of a temporary conservator and the
31appointment of the proposed temporary conservator or why it was
32not feasible to ascertain those preferences.

33(e) Unless the court for good cause otherwise orders, at least
34five court days before the hearing on the petition, notice of the
35hearing shall be given as follows:

36(1) Notice of the hearing shall be personally delivered to the
37proposed ward if he or she is 12 years of age or older, to the parent
38or parents of the proposed ward, and to any person having a valid
39visitation order with the proposed ward that was effective at the
40time of the filing of the petition. Notice of the hearing shall not be
P10   1delivered to the proposed ward if he or she is under 12 years of
2age. In a proceeding for temporary guardianship of the person,
3evidence that a custodial parent has died or become incapacitated,
4and that the petitioner is the nominee of the custodial parent, may
5constitute good cause for the court to order that this notice not be
6delivered.

7(2) Notice of the hearing shall be personally delivered to the
8proposed conservatee, and notice of the hearing shall be served
9on the persons required to be named in the petition for appointment
10of conservator. If the petition states that the petitioner and the
11proposed conservator have no prior relationship with the proposed
12conservatee and has not been nominated by a family member,
13friend, or other person with a relationship to the proposed
14 conservatee, notice of hearing shall be served on the public
15guardian of the county in which the petition is filed.

16(3) A copy of the petition for temporary appointment shall be
17served with the notice of hearing.

18(f) If a temporary guardianship is granted ex parte and the
19hearing on the general guardianship petition is not to be held within
2030 days of the granting of the temporary guardianship, the court
21shall set a hearing within 30 days to reconsider the temporary
22guardianship. Notice of the hearing for reconsideration of the
23temporary guardianship shall be provided pursuant to Section
241511, except that the court may for good cause shorten the time
25for the notice of the hearing.

26(g) Visitation orders with the proposed ward granted prior to
27the filing of a petition for temporary guardianship shall remain in
28effect, unless for good cause the court orders otherwise.

29(h) (1) If a temporary conservatorship is granted ex parte, and
30a petition to terminate the temporary conservatorship is filed more
31than 15 days before the first hearing on the general petition for
32appointment of conservator, the court shall set a hearing within
3315 days of the filing of the petition for termination of the temporary
34conservatorship to reconsider the temporary conservatorship.
35Unless the court otherwise orders, notice of the hearing on the
36petition to terminate the temporary conservatorship shall be given
37at least 10 days prior to the hearing.

38(2) If a petition to terminate the temporary conservatorship is
39filed within 15 days before the first hearing on the general petition
40for appointment of conservator, the court shall set the hearing at
P11   1the same time that the hearing on the general petition is set. Unless
2the court otherwise orders, notice of the hearing on the petition to
3terminate the temporary conservatorship pursuant to this section
4shall be given at least five court days prior to the hearing.

5(i) If the court suspends powers of the guardian or conservator
6under Section 2334 or 2654 or under any other provision of this
7division, the court may appoint a temporary guardian or conservator
8to exercise those powers until the powers are restored to the
9guardian or conservator or a new guardian or conservator is
10appointed.

11(j) If for any reason a vacancy occurs in the office of guardian
12or conservator, the court, on a petition filed under subdivision (a)
13or on its own motion, may appoint a temporary guardian or
14conservator to exercise the powers of the guardian or conservator
15until a new guardian or conservator is appointed.

16(k) On or before January 1, 2008, the Judicial Council shall
17adopt a rule of court that establishes uniform standards for good
18cause exceptions to the notice required by subdivision (e), limiting
19those exceptions to only cases when waiver of the notice is
20essential to protect the proposed conservatee or ward, or the estate
21of the proposed conservatee or ward, from substantial harm.

22(l) A superior court shall not be required to perform any duties
23imposed pursuant to the amendments to this section enacted by
24Chapter 493 of the Statutes 2006 until the Legislature makes an
25appropriation identified for this purpose.

26begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 2614.7 is added to the end insertbegin insertProbate Codeend insertbegin insert, to read:end insert

begin insert
27

begin insert2614.7.end insert  

If a guardian or conservator of the person or estate,
28or both, is a professional fiduciary, as described in Section 2340,
29who is required to be licensed under the Professional Fiduciaries
30Act (Chapter 6 (commencing with Section 6500) of Division 3 of
31the Business and Professions Code), the guardian or conservator
32shall file, concurrently with the inventory and appraisal required
33by Section 2610, a proposed hourly fee schedule or another
34statement of his or her proposed compensation from the estate of
35the ward or conservatee for services performed as a guardian or
36conservator.

end insert
37begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 2643 of the end insertbegin insertProbate Codeend insertbegin insert is amended to read:end insert

38

2643.  

(a) begin deleteOn end deletebegin insertExcept as provided in Section 2643.1, on end insertpetition
39by the guardian or conservator of the person or estatebegin insert,end insert or both, the
40court may by order authorize periodic payments on account to any
P12   1one or more of the following persons for the services rendered by
2begin delete suchend deletebegin insert thatend insert person during the period covered by each payment:

3(1) The guardian of the person.

4(2) The guardian of the estate.

5(3) The conservator of the person.

6(4) The conservator of the estate.

7(5) The attorney for the guardian or conservator of the person
8or estatebegin insert,end insert or both.

9(b) Notice of the hearing on the petition shall be given for the
10period and in the manner provided in Chapter 3 (commencing with
11Section 1460) of Part 1.

12(c) The petition shall describe the services to be rendered on a
13periodic basis and the reason why authority to make periodic
14payments is requested. In fixing the amount of the periodic
15payment, the court shall take into account the services to be
16rendered on a periodic basis and the reasonable value ofbegin delete suchend deletebegin insert thoseend insert
17 services. The guardian or conservator of the estate may make the
18periodic payments authorized by the order only if the services
19described in the petition are actually rendered. The payments made
20pursuant to the order are subject to review by the court upon the
21next succeeding account of the guardian or conservator of the
22estate to determine that the services were actually rendered and
23that the amount paid on account was not unreasonable, and the
24court shall make an appropriate order if the court determines that
25the amount paid on account was either excessive or inadequate in
26view of the services actually rendered.

27begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 2643.1 is added to the end insertbegin insertProbate Codeend insertbegin insert, to read:end insert

begin insert
28

begin insert2643.1.end insert  

(a) On petition by a guardian or conservator of the
29person or estate, or both, who is a professional fiduciary, as
30described in Section 2340 and who is required to be licensed under
31the Professional Fiduciaries Act (Chapter 6 (commencing with
32Section 6500) of Division 3 of the Business and Professions Code),
33the court may by order authorize periodic payments on account
34to a person described in subdivision (a) of Section 2643 for the
35services rendered by that person during the period covered by
36each payment only if that person has filed a proposed hourly fee
37schedule or another statement of his or her proposed compensation
38from the estate of the ward or conservatee for services performed
39as a guardian or conservator, as required by Section 2614.7, and
40only after the time for filing objections under subdivision (d) has
P13   1expired and the court has addressed any objections filed pursuant
2to that subdivision.

3(b) The petition shall describe the services to be rendered on a
4periodic basis, the reason why authority to make periodic payments
5is requested, and a budget of anticipated estate income and
6expenditures from the date the petition is filed up to, and including,
7the date of the next succeeding account required by Section 2620.
8In fixing the amount of the periodic payment, the court shall take
9into account the services to be rendered on a periodic basis and
10the reasonable value of those services.

11(c) (1) Notice of the hearing on the petition and notice of how
12to file an objection to the petition shall be given for the period and
13in the manner provided in Chapter 3 (commencing with Section
141460) of Part 1.

15(2) If a court investigator has been appointed, the notices
16required by paragraph (1) shall be made to the court investigator
17for the period and in the manner provided in Chapter 3
18(commencing with Section 1460) of Part 1.

19(d) (1) Within 30 days of giving notice as required by paragraph
20(1) of subdivision (c), any person entitled to notice under that
21paragraph may file with the court a written objection to the
22authorization of periodic payments on account. The court clerk
23shall set any objections for a hearing no fewer than 15 days after
24the date the objections are filed.

25(2) If an objection is filed pursuant to paragraph (1), the
26guardian or conservator shall have the burden of establishing the
27necessity for and amount, if any, of periodic payments.

28(e) The guardian or conservator of the estate may make the
29periodic payments authorized by the order only if the services
30described in the petition are actually rendered. The payments made
31pursuant to the order are subject to review by the court upon the
32next succeeding account of the guardian or conservator of the
33estate to determine that the services were actually rendered and
34that the amount paid on account was not unreasonable, and the
35court shall make an appropriate order if the court determines that
36the amount paid on account was either excessive or inadequate in
37view of the services actually rendered.

38(f) If the next succeeding account required by Section 2620 is
39not timely filed, the authorization for periodic payments granted
40pursuant to this section shall terminate as of the date of that
P14   1accounting. Nothing in this section shall preclude a guardian or
2conservator from filing a subsequent petition to receive periodic
3 payments pursuant to this section.

4(g) By January 1, 2015, the Judicial Council shall develop a
5form to effectuate the notices required in subdivision (c).

end insert
begin delete6

SECTION 1.  

Section 6535 of the Business and Professions
7Code
is amended to read:

8

6535.  

The bureau shall approve or deny licensure in a timely
9manner to applicants who apply for licensure. Upon approval of
10a license, the bureau shall notify the applicant of issuance of the
11license, and shall issue a license certificate identifying the applicant
12as a “licensed professional fiduciary.”

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