Amended in Senate August 12, 2013

Amended in Senate June 24, 2013

Amended in Senate June 10, 2013

Amended in Assembly April 22, 2013

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 amend Sections 1510, 1821, 2250, and 2643 of, and to add Sections 2614.7, 2614.8, and 2643.1 to, the Probate Code, relating to professional fiduciaries.

LEGISLATIVE COUNSEL’S DIGEST

AB 1339, as amended, Maienschein. Professional fiduciaries: guardians and conservators.

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 conservatee’s family or friends.

This bill would require that when a petition to appoint a conservator or a temporary conservator is filed, and the petitioner or proposed conservator is a professional fiduciary, as defined, the petition also include the petitioner’s or proposed conservator’s proposed hourly fee schedule or another statement of the petitioner’s or proposed conservator’s proposed compensation from the estate of the proposed conservatee for services performed.begin insert The bill would provide that provision of that schedule or statement shall not preclude a court from reducing the hourly fees or other compensation.end insert

This bill would also require, when a petition to appoint a guardian or temporary guardian is filed, and the petitioner or proposed guardian 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.begin insert The bill would also provide that provision of a proposed hourly fee schedule or another statement of proposed compensation shall not preclude a court from reducing the fees or other compensation.end 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.

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. The bill would also authorize the guardian or conservator to submit a new proposed hourly fee schedule or another statement of his or her proposed compensation at any time on or after one year from the original submission, as specified.begin insert The bill would provide that filing or submittal of those schedules or statements shall not preclude a court from reducing the guardian’s or conservator’s hourly fees or other compensation or his or her attorney’s fees, as the case may be.end 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.

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.begin delete Thisend deletebegin insert Theend insert bill would also provide that the authorization for periodic payments to a guardian or conservator who is a professional fiduciary, as defined, shall terminate on a date determined by the court, but not later than the due date of the next succeeding accounting.

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

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

P3    1

SECTION 1.  

Section 1510 of the Probate Code is amended to
2read:

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.

P4    1(4) In the case of a guardianship of the estate, the spouse of the
2proposed ward.

3(5) Any person nominated as guardian for the proposed ward
4under Section 1500 or 1501.

5(6) In the case of a guardianship of the person involving an
6Indian child, any Indian custodian and the Indian child’s tribe.

7(d) If the petitioner or proposed guardian is a professional
8fiduciary, as described in Section 2340, who is required to be
9licensed under the Professional Fiduciaries Act (Chapter 6
10(commencing with Section 6500) of Division 3 of the Business
11and Professions Code), the petition shall include the following:

12 (1) The petitioner’s or proposed guardian’s proposed hourly fee
13schedule or another statement of his or her proposed compensation
14from the estate of the proposed ward for services performed as a
15guardian. The petitioner’s or proposed guardian’s provision of a
16proposed hourly fee schedule or another statement of his or her
17proposed compensation, as required by this paragraph, shall not
18 preclude a court from later reducing the petitioner’s or proposed
19guardian’s fees or other compensation.

20(2) Unless a petition for appointment of a temporary guardian
21that contains the statements required by this paragraph is filed
22together with a petition for appointment of a guardian, both of the
23following:

24(A) A statement of the petitioner’s or proposed guardian’s
25license information.

26(B) A statement explaining who engaged the petitioner or
27proposed guardian or how the petitioner or proposed guardian was
28engaged to file the petition for appointment of a guardian or to
29agree to accept the appointment as guardian and what prior
30relationship the petitioner or proposed guardian had with the
31proposed ward or the proposed ward’s family or friends.

32(e) If the proposed ward is a patient in or on leave of absence
33from a state institution under the jurisdiction of the State
34Department of State Hospitals or the State Department of
35Developmental Services and that fact is known to the petitioner
36or proposed guardian, the petition shall state that fact and name
37the institution.

38(f) The petition shall state, so far as is known to the petitioner
39or proposed guardian, whether or not the proposed ward is
40receiving or is entitled to receive benefits from the Veterans
P5    1Administration and the estimated amount of the monthly benefit
2payable by the Veterans Administration for the proposed ward.

3(g) If the petitioner or proposed guardian has knowledge of any
4pending adoption, juvenile court, marriage dissolution, domestic
5relations, custody, or other similar proceeding affecting the
6proposed ward, the petition shall disclose the pending proceeding.

7(h) If the petitioners or proposed guardians have accepted or
8intend to accept physical care or custody of the child with intent
9to adopt, whether formed at the time of placement or formed
10subsequent to placement, the petitioners or proposed guardians
11shall so state in the guardianship petition, whether or not an
12adoption petition has been filed.

13(i) If the proposed ward is or becomes the subject of an adoption
14petition, the court shall order the guardianship petition consolidated
15with the adoption petition, and the consolidated case shall be heard
16and decided in the court in which the adoption is pending.

17(j) If the proposed ward is or may be an Indian child, the petition
18shall state that fact.

19

SEC. 2.  

Section 1821 of the Probate Code is amended to read:

20

1821.  

(a) The petition shall request that a conservator be
21appointed for the person or estate, or both, shall specify the name,
22address, and telephone number of the proposed conservator and
23the name, address, and telephone number of the proposed
24conservatee, and state the reasons why a conservatorship is
25necessary. Unless the petitioner or proposed conservator is a bank
26or other entity authorized to conduct the business of a trust
27company, the petitioner or proposed conservator shall also file
28supplemental information as to why the appointment of a
29conservator is required. The supplemental information to be
30submitted shall include a brief statement of facts addressed to each
31of the following categories:

32(1) The inability of the proposed conservatee to properly provide
33for his or her needs for physical health, food, clothing, and shelter.

34(2) The location of the proposed conservatee’s residence and
35the ability of the proposed conservatee to live in the residence
36while under conservatorship.

37(3) Alternatives to conservatorship considered by the petitioner
38or proposed conservator and reasons why those alternatives are
39not available.

P6    1(4) Health or social services provided to the proposed
2conservatee during the year preceding the filing of the petition,
3when the petitioner or proposed conservator has information as to
4those services.

5(5) The inability of the proposed conservatee to substantially
6manage his or her own financial resources, or to resist fraud or
7undue influence.

8The facts required to address the categories set forth in
9paragraphs (1) to (5), inclusive, shall be set forth by the petitioner
10or proposed conservator if he or she has knowledge of the facts or
11by the declarations or affidavits of other persons having knowledge
12of those facts.

13If any of the categories set forth in paragraphs (1) to (5),
14inclusive, are not applicable to the proposed conservatorship, the
15petitioner or proposed conservator shall so indicate and state on
16the supplemental information form the reasons therefor.

17The Judicial Council shall develop a supplemental information
18form for the information required pursuant to paragraphs (1) to
19(5), inclusive, after consultation with individuals or organizations
20approved by the Judicial Council, who represent public
21conservators, court investigators, the State Bar, specialists with
22experience in performing assessments and coordinating
23community-based services, and legal services for the elderly and
24disabled.

25The supplemental information form shall be separate and distinct
26from the form for the petition. The supplemental information shall
27be confidential and shall be made available only to parties, persons
28given notice of the petition who have requested this supplemental
29information or who have appeared in the proceedings, their
30attorneys, and the court. The court shall have discretion at any
31other time to release the supplemental information to other persons
32if it would serve the interests of the conservatee. The clerk of the
33 court shall make provision for limiting disclosure of the
34supplemental information exclusively to persons entitled thereto
35under this section.

36(b) The petition shall set forth, so far as they are known to the
37 petitioner or proposed conservator, the names and addresses of the
38spouse or domestic partner, and of the relatives of the proposed
39conservatee within the second degree. If no spouse or domestic
40partner of the proposed conservatee or relatives of the proposed
P7    1conservatee within the second degree are known to the petitioner
2or proposed conservator, the petition shall set forth, so far as they
3are known to the petitioner or proposed conservator, the names
4and addresses of the following persons who, for the purposes of
5Section 1822, shall all be deemed to be relatives:

6(1) A spouse or domestic partner of a predeceased parent of a
7proposed conservatee.

8(2) The children of a predeceased spouse or domestic partner
9of a proposed conservatee.

10(3) The siblings of the proposed conservatee’s parents, if any,
11but if none, then the natural and adoptive children of the proposed
12conservatee’s parents’ siblings.

13(4) The natural and adoptive children of the proposed
14conservatee’s siblings.

15(c) If the petitioner or proposed conservator is a professional
16fiduciary, as described in Section 2340, who is required to be
17licensed under the Professional Fiduciaries Act (Chapter 6
18(commencing with Section 6500) of Division 3 of the Business
19and Professions Code), the petition shall include the following:

20(1) The petitioner’s or proposed conservator’s proposed hourly
21fee schedule or another statement of his or her proposed
22compensation from the estate of the proposed conservatee for
23services performed as a conservator. The petitioner’s or proposed
24conservator’s provision of a proposed hourly fee schedule or
25another statement of his or her proposed compensation, as required
26by this paragraph, shall not preclude a court from later reducing
27the petitioner’s or proposed conservator’s fees or other
28compensation.

29(2) Unless a petition for appointment of a temporary conservator
30that contains the statements required by this paragraph is filed
31together with a petition for appointment of a conservator, both of
32the following:

33(A) A statement of the petitioner’s or proposed conservator’s
34license information.

35(B) A statement explaining who engaged the petitioner or
36proposed conservator or how the petitioner or proposed conservator
37was engaged to file the petition for appointment of a conservator
38or to agree to accept the appointment as conservator and what prior
39relationship the petitioner or proposed conservator had with the
P8    1proposed conservatee or the proposed conservatee’s family or
2friends.

3(d) If the petition is filed by a person other than the proposed
4conservatee, the petition shall include a declaration of due diligence
5showing both of the following:

6(1) Either the efforts to find the proposed conservatee’s relatives
7or why it was not feasible to contact any of them.

8(2) Either the preferences of the proposed conservatee
9concerning the appointment of a conservator and the appointment
10of the proposed conservator or why it was not feasible to ascertain
11those preferences.

12(e) If the petition is filed by a person other than the proposed
13conservatee, the petition shall state whether or not the petitioner
14is a creditor or debtor, or the agent of a creditor or debtor, of the
15proposed conservatee.

16(f) If the proposed conservatee is a patient in or on leave of
17absence from a state institution under the jurisdiction of the State
18Department of State Hospitals or the State Department of
19Developmental Services and that fact is known to the petitioner
20or proposed conservator, the petition shall state that fact and name
21the institution.

22(g) The petition shall state, so far as is known to the petitioner
23or proposed conservator, whether or not the proposed conservatee
24is receiving or is entitled to receive benefits from the Veterans
25Administration and the estimated amount of the monthly benefit
26payable by the Veterans Administration for the proposed
27conservatee.

28(h) The petition may include an application for any order or
29orders authorized under this division, including, but not limited
30to, orders under Chapter 4 (commencing with Section 1870).

31(i) The petition may include a further statement that the proposed
32conservatee is not willing to attend the hearing on the petition,
33does not wish to contest the establishment of the conservatorship,
34and does not object to the proposed conservator or prefer that
35another person act as conservator.

36(j) In the case of an allegedly developmentally disabled adult,
37the petition shall set forth the following:

38(1) The nature and degree of the alleged disability, the specific
39duties and powers requested by or for the limited conservator, and
P9    1the limitations of civil and legal rights requested to be included in
2the court’s order of appointment.

3(2) Whether or not the proposed limited conservatee is or is
4alleged to be developmentally disabled.

5Reports submitted pursuant to Section 416.8 of the Health and
6Safety Code meet the requirements of this section, and
7conservatorships filed pursuant to Article 7.5 (commencing with
8Section 416) of Part 1 of Division 1 of the Health and Safety Code
9are exempt from providing the supplemental information required
10by this section, so long as the guidelines adopted by the State
11Department of Developmental Services for regional centers require
12the same information that is required pursuant to this section.

13

SEC. 3.  

Section 2250 of the Probate Code is amended to read:

14

2250.  

(a) On or after the filing of a petition for appointment
15of a guardian or conservator, any person entitled to petition for
16appointment of the guardian or conservator may file a petition for
17appointment of:

18(1) A temporary guardian of the person or estate, or both.

19(2) A temporary conservator of the person or estate, or both.

20(b) The petition shall state facts which establish good cause for
21appointment of the temporary guardian or temporary conservator.
22The court, upon that petition or other showing as it may require,
23may appoint a temporary guardian of the person or estate, or both,
24or a temporary conservator of the person or estate, or both, to serve
25pending the final determination of the court upon the petition for
26the appointment of the guardian or conservator.

27(c) If the petitioner, proposed guardian, or proposed conservator
28is a professional fiduciary, as described in Section 2340, who is
29required to be licensed under the Professional Fiduciaries Act
30(Chapter 6 (commencing with Section 6500) of Division 3 of the
31Business and Professions Code), the petition for appointment of
32a temporary guardian or temporary conservator shall include the
33following:

34(1) The petitioner’s, proposed guardian’s, or proposed
35conservator’s proposed hourly fee schedule or another statement
36of his or her proposed compensation from the estate of the proposed
37ward or proposed conservatee for services performed as a guardian
38or conservator. The petitioner’s, proposed guardian’s, or proposed
39conservator’s provision of a proposed hourly fee schedule or
40another statement of his or her proposed compensation, as required
P10   1by this paragraph, shall not preclude a court from later reducing
2the petitioner’s, proposed guardian’s, or proposed conservator’s
3fees or other compensation.

4(2) Unless a petition for appointment of a guardian or
5conservator that contains the statements required by this paragraph
6is filed together with a petition for appointment of a temporary
7guardian or temporary conservator, both of the following:

8(A) A statement of the petitioner’s, proposed guardian’s, or
9proposed conservator’s registration or license information.

10(B) A statement explaining who engaged the petitioner, proposed
11guardian, or proposed conservator or how the petitioner, proposed
12guardian, or proposed conservator was engaged to file the petition
13for appointment of a temporary guardian or temporary conservator
14or to agree to accept the appointment as temporary guardian or
15temporary conservator and what prior relationship the petitioner,
16proposed guardian, or proposed conservator had with the proposed
17ward or proposed conservatee or the proposed ward’s or proposed
18conservatee’s family or friends.

19(d) If the petition is filed by a party other than the proposed
20conservatee, the petition shall include a declaration of due diligence
21showing both of the following:

22(1) Either the efforts to find the proposed conservatee’s relatives
23named in the petition for appointment of a general conservator or
24why it was not feasible to contact any of them.

25(2) Either the preferences of the proposed conservatee
26concerning the appointment of a temporary conservator and the
27appointment of the proposed temporary conservator or why it was
28not feasible to ascertain those preferences.

29(e) Unless the court for good cause otherwise orders, at least
30five court days before the hearing on the petition, notice of the
31hearing shall be given as follows:

32(1) Notice of the hearing shall be personally delivered to the
33proposed ward if he or she is 12 years of age or older, to the parent
34or parents of the proposed ward, and to any person having a valid
35visitation order with the proposed ward that was effective at the
36time of the filing of the petition. Notice of the hearing shall not be
37delivered to the proposed ward if he or she is under 12 years of
38age. In a proceeding for temporary guardianship of the person,
39evidence that a custodial parent has died or become incapacitated,
40and that the petitioner or proposed guardian is the nominee of the
P11   1custodial parent, may constitute good cause for the court to order
2that this notice not be delivered.

3(2) Notice of the hearing shall be personally delivered to the
4proposed conservatee, and notice of the hearing shall be served
5on the persons required to be named in the petition for appointment
6of conservator. If the petition states that the petitioner and the
7proposed conservator have no prior relationship with the proposed
8conservatee and has not been nominated by a family member,
9friend, or other person with a relationship to the proposed
10 conservatee, notice of hearing shall be served on the public
11guardian of the county in which the petition is filed.

12(3) A copy of the petition for temporary appointment shall be
13served with the notice of hearing.

14(f) If a temporary guardianship is granted ex parte and the
15hearing on the general guardianship petition is not to be held within
1630 days of the granting of the temporary guardianship, the court
17shall set a hearing within 30 days to reconsider the temporary
18guardianship. Notice of the hearing for reconsideration of the
19temporary guardianship shall be provided pursuant to Section
201511, except that the court may for good cause shorten the time
21for the notice of the hearing.

22(g) Visitation orders with the proposed ward granted prior to
23the filing of a petition for temporary guardianship shall remain in
24effect, unless for good cause the court orders otherwise.

25(h) (1) If a temporary conservatorship is granted ex parte, and
26a petition to terminate the temporary conservatorship is filed more
27than 15 days before the first hearing on the general petition for
28appointment of conservator, the court shall set a hearing within
2915 days of the filing of the petition for termination of the temporary
30conservatorship to reconsider the temporary conservatorship.
31Unless the court otherwise orders, notice of the hearing on the
32petition to terminate the temporary conservatorship shall be given
33at least 10 days prior to the hearing.

34(2) If a petition to terminate the temporary conservatorship is
35filed within 15 days before the first hearing on the general petition
36for appointment of conservator, the court shall set the hearing at
37the same time that the hearing on the general petition is set. Unless
38the court otherwise orders, notice of the hearing on the petition to
39terminate the temporary conservatorship pursuant to this section
40shall be given at least five court days prior to the hearing.

P12   1(i) If the court suspends powers of the guardian or conservator
2under Section 2334 or 2654 or under any other provision of this
3division, the court may appoint a temporary guardian or conservator
4to exercise those powers until the powers are restored to the
5guardian or conservator or a new guardian or conservator is
6appointed.

7(j) If for any reason a vacancy occurs in the office of guardian
8or conservator, the court, on a petition filed under subdivision (a)
9or on its own motion, may appoint a temporary guardian or
10conservator to exercise the powers of the guardian or conservator
11until a new guardian or conservator is appointed.

12(k) On or before January 1, 2008, the Judicial Council shall
13adopt a rule of court that establishes uniform standards for good
14cause exceptions to the notice required by subdivision (e), limiting
15those exceptions to only cases when waiver of the notice is
16essential to protect the proposed conservatee or ward, or the estate
17of the proposed conservatee or ward, from substantial harm.

18(l) A superior court shall not be required to perform any duties
19imposed pursuant to the amendments to this section enacted by
20Chapter 493 of the Statutes 2006 until the Legislature makes an
21appropriation identified for this purpose.

22

SEC. 4.  

Section 2614.7 is added to the Probate Code, to read:

23

2614.7.  

If a guardian or conservator of the person or estate, or
24both, is a professional fiduciary, as described in Section 2340, who
25is required to be licensed under the Professional Fiduciaries Act
26(Chapter 6 (commencing with Section 6500) of Division 3 of the
27Business and Professions Code), the guardian or conservator shall
28file, concurrently with the inventory and appraisal required by
29Section 2610, a proposed hourly fee schedule or another statement
30of his or her proposed compensation from the estate of the ward
31or conservatee for services performed as a guardian or conservator.
32The filing of a proposed hourly fee schedule or another statement
33of the guardian’s or conservator’s proposed compensation, as
34required by this section, shall not preclude a court from later
35reducing the guardian’s, conservator’s, or his or her attorney’s fees
36or other compensation.

37

SEC. 5.  

Section 2614.8 is added to the Probate Code, to read:

38

2614.8.  

begin delete(a)end deletebegin deleteend deleteAt any time on or after one year from the
39submission of an hourly fee schedule or another statement of
40proposed compensation under this section or under Section 1510,
P13   11821, 2250, or 2614.7, a guardian or conservator who is a
2professional fiduciary may submit a new proposed hourly fee
3schedule or another statement of his or her proposed compensation
4from the estate of the proposed ward or proposed conservatee.begin insert The
5submittal of a new hourly fee schedule or another statement of the
6guardian’s or conservator’s proposed compensation, as authorized
7by this section, shall not preclude a court from later reducing the
8guardian’s or conservator’s hourly fees or other compensation,
9or his or her attorney’s fees or other compensation.end insert

begin delete

10(b) (1) Notice of how to file an objection to the new proposed
11hourly fee schedule or another statement of proposed compensation
12shall be given for the period and in the manner provided in Chapter
133 (commencing with Section 1460) of Part 1.

end delete
begin delete

14(2) The notices required by paragraph (1) shall be made to the
15court investigator, if appointed, for the period and in the manner
16provided in Chapter 3 (commencing with Section 1460) of Part 1.

end delete
begin delete

17(c) (1) Any person entitled to notice under paragraph (1) of
18subdivision (b) may file with the court a written objection to the
19new proposed hourly fee schedule or another statement of proposed
20compensation. The court clerk shall set any objections for a hearing
21no fewer than 15 days after the date the objections are filed.

end delete
begin delete

22(2) If an objection is filed pursuant to paragraph (1), the guardian
23or conservator shall have the burden of establishing the need for
24the new proposed hourly fee schedule or another statement of
25proposed compensation.

end delete
26

SEC. 6.  

Section 2643 of the Probate Code is amended to read:

27

2643.  

(a) Except as provided in Section 2643.1, on petition
28by the guardian or conservator of the person or estate, or both, the
29court may by order authorize periodic payments on account to any
30one or more of the following persons for the services rendered by
31that person during the period covered by each payment:

32(1) The guardian of the person.

33(2) The guardian of the estate.

34(3) The conservator of the person.

35(4) The conservator of the estate.

36(5) The attorney for the guardian or conservator of the person
37or estate, or both.

38(b) Notice of the hearing on the petition shall be given for the
39period and in the manner provided in Chapter 3 (commencing with
40Section 1460) of Part 1.

P14   1(c) The petition shall describe the services to be rendered on a
2periodic basis and the reason why authority to make periodic
3payments is requested. In fixing the amount of the periodic
4payment, the court shall take into account the services to be
5rendered on a periodic basis and the reasonable value of those
6 services. The guardian or conservator of the estate may make the
7periodic payments authorized by the order only if the services
8described in the petition are actually rendered. The payments made
9pursuant to the order are subject to review by the court upon the
10next succeeding account of the guardian or conservator of the
11estate to determine that the services were actually rendered and
12that the amount paid on account was not unreasonable, and the
13court shall make an appropriate order if the court determines that
14the amount paid on account was either excessive or inadequate in
15view of the services actually rendered.

16

SEC. 7.  

Section 2643.1 is added to the Probate Code, to read:

17

2643.1.  

(a) On petition by a guardian or conservator of the
18person or estate, or both, who is a professional fiduciary, as
19described in Section 2340 and who is required to be licensed under
20the Professional Fiduciaries Act (Chapter 6 (commencing with
21Section 6500) of Division 3 of the Business and Professions Code),
22the court may by order authorize periodic payments on account to
23a person described in subdivision (a) of Section 2643 for the
24services rendered by that person during the period covered by each
25payment only if that person has filed a proposed hourly fee
26schedule or another statement of his or her proposed compensation
27from the estate of the ward or conservatee for services performed
28as a guardian or conservator, as required by Section 2614.7, and
29only after the court has addressed any objections filed pursuant to
30subdivision (d).

31(b) The petition shall describe the services to be rendered on a
32periodic basis, the reason why authority to make periodic payments
33is requested, and a good faith estimate of the fees to be charged
34by the professional fiduciary from the date the petition is filed up
35to, and including, the date of the next succeeding account required
36by Section 2620 or, if the next succeeding account required by
37Section 2620 is due in less than one year, a good faith estimate of
38the fees to be charged by the professional fiduciary from the date
39the petition is filed through the next succeeding 12 months,
40inclusive. Prior to ordering periodic payments or fixing the amount
P15   1of the periodic payment, the court shall determine whether making
2periodic payments is in the best interest of the ward or conservatee,
3taking into consideration the needs of the ward or conservatee and
4the need to preserve and protect the estate. If the court determines
5that making periodic payments is not in the best interest of the
6ward or conservatee, the court shall deny the petition to authorize
7periodic payments. If the court determines that making periodic
8payments is in the best interest of the ward or conservatee, the
9court shall fix the amount of the periodic payment. In fixing the
10amount of the periodic payment, the court shall take into account
11the services to be rendered on a periodic basis and the reasonable
12value of those services.

13(c) (1) Notice of the hearing on the petition and notice of how
14to file an objection to the petition shall be given for the period and
15in the manner provided in Chapter 3 (commencing with Section
161460) of Part 1.

17(2) The notices required by paragraph (1) shall be made to the
18court investigator for the period and in the manner provided in
19Chapter 3 (commencing with Section 1460) of Part 1.

20(d) (1) Any person entitled to notice under paragraph (1) of
21subdivision (c) 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 guardian
26or conservator shall have the burden of establishing the necessity
27for 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 shall be reviewed by the court upon the next
32succeeding account of the guardian or conservator of the estate to
33determine that the services were actually rendered and that the
34amount paid on account was reasonable and in the best interest of
35the ward or conservatee, taking into consideration the needs of the
36ward or conservatee and the need to preserve and protect the estate.
37The court shall make an appropriate order reducing the guardian
38or conservator’s compensation if the court determines that the
39amount paid on account was either unreasonable or not in the best
P16   1interest of the ward or conservatee in view of the services actually
2rendered.

3(f) The authorization for periodic payments granted pursuant
4to this section shall terminate on a date determined by the court,
5but not later than the due date of the next succeeding account
6required by Section 2620. Nothing in this section shall preclude a
7guardian or conservator from filing a subsequent petition to receive
8periodic payments pursuant to this section.



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