SB 156, as amended, Beall. Conservatorships and guardianships: attorney’s fees.
Existing law provides for the administration of guardianships and conservatorships. Existing law authorizes a guardian or conservator of an estate to petition the court for an order allowing compensation to the guardian, conservator, or attorney for the guardian or conservator, as specified. Existing law prohibits the guardian or conservator from being compensated from the estate for any costs or fees that he or she incurred in unsuccessfully opposing a petition, or other request or action, made by or on behalf of the ward or conservatee, unless the court determines that the opposition was made in good faith, based on the best interests of the ward or conservatee.
This bill would insteadbegin delete authorize the court to award specified litigation costs incurred by the
guardian or conservator in defending the compensation in the petition, including attorney’s fees,
only if the guardian or conservator first proves that he or she made a good faith effort to informally resolve all objections, that he or she acted in good faith in defending the petition, and that it is in the best interest of the ward or conservatee to award the costsend deletebegin insert prohibit the guardian or conservator from being compensated from the estate for any costs or fees, including attorney’s fees, incurred in defending the compensation in the petition, if the court reduces or denies the compensation requested in the petitionend insert.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 2640 of the Probate Code is amended to
2read:
(a) At any time after the filing of the inventory and
4appraisal, but not before the expiration of 90 days from the issuance
5of letters or any other period of time as the court for good cause
6orders, the guardian or conservator of the estate may petition the
7court for an order fixing and allowing compensation to any one or
8more of the following:
9(1) The guardian or conservator of the estate for services
10rendered to that time.
11(2) The guardian or conservator of the person for services
12rendered to that time.
13(3) The attorney for
services rendered to that time by the
14attorney to the guardian or conservator of the person or estate or
15both.
16(b) Notice of the hearing shall be given for the period and in
17the manner provided for in Chapter 3 (commencing with Section
181460) of Part 1.
19(c) Upon the hearing, the court shall make an order allowing
20(1) any compensation requested in the petition the court determines
21is just and reasonable to the guardian or conservator of the estate
22for services rendered or to the guardian or conservator of the person
23for services rendered, or to both, and (2) any compensation
24requested in the petition the court determines is reasonable to the
25attorney for services rendered to the guardian or conservator of
26the person or estate or both. The compensation allowed to the
27guardian
or conservator of the person, the guardian or conservator
28of the estate, and to the attorney may, in the discretion of the court,
P3 1include compensation for services rendered before the date of the
2order appointing the guardian or conservator. The compensation
3allowed shall be charged to the estate. Legal services for which
4the attorney may be compensated include those services rendered
5by any paralegal performing legal services under the direction and
6supervision of an attorney. The petition or application for
7compensation shall set forth the hours spent and services performed
8by the paralegal.
9(d) Notwithstanding subdivision (c), if the court reduces or
10denies the compensation requested in the petition, the guardian or
11conservator shall not be compensated from the estate for any costs
12or fees, including attorney’s fees, that the guardian
or conservator
13incurred in defending the compensation in the petition.begin delete However,
14the court may exercise discretion to grant or deny any portion of
15the additional fee request if the guardian or conservator proves to
16the satisfaction of the court all of the following:end delete
17(1) The guardian or
conservator made a reasonable and good
18faith attempt at an informal resolution of each issue presented by
19the objection to the compensation in the petition.
20(2) The guardian or conservator acted in good faith and with
21substantial justification in defending the petition, taking into
22consideration any objections thereto.
23(3) It is in the best interest of the ward or conservatee to make
24an award of costs or fees.
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