BILL NUMBER: SB 269	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Vidak

                        FEBRUARY 19, 2015

   An act to add Section 2640.2 to the Probate Code, relating to
conservatorship.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 269, as introduced, Vidak. Conservator appointments:
compensation.
   Existing law permits a conservator of the estate to petition the
probate court for an order fixing and allowing compensation to the
conservator for services rendered and to the attorney for services
rendered. Existing law also permits a person who unsuccessfully
petitioned for the appointment of a conservator to petition the
probate court for an order fixing and allowing compensation to the
person and the person's attorney for services rendered in connection
with the appointment of a conservator.
   This bill would permit a person who successfully petitioned for
the appointment of a conservator to petition the probate court for an
order fixing and allowing compensation to the person and the person'
s attorney for services rendered in connection with the appointment
of a conservator. The bill would have retroactive effect.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2640.2 is added to the Probate Code, to read:
   2640.2.  (a) When a conservator is appointed by the court, the
person who has petitioned for the appointment of that conservator and
that person's attorney may petition the court for an order fixing
and allowing compensation and reimbursement of costs.
   (b) Notice of the time and place of the hearing shall be given at
least 15 days before the day of the hearing in the manner provided in
Chapter 3 (commencing with Section 1460) of Part 1.
   (c) At the hearing, the court shall make an order to allow both of
the following:
   (1) Any compensation or costs requested in the petition the court
determines is just and reasonable to the person who petitioned for
the appointment of a conservator for the person's services rendered
in connection with and to facilitate the appointment of the
conservator, and costs incurred in connection therewith.
   (2) Any compensation or costs requested in the petition the court
determines is just and reasonable to the attorney for that person,
for the attorney's services rendered in connection with and to
facilitate the appointment of the conservator, and costs incurred in
connection therewith.
   (d) Any compensation and costs allowed shall be charged to the
estate of the conservatee. If a conservator of the estate is not
appointed, but a conservator of the person is appointed, the
compensation and costs allowed shall be ordered by the court to be
paid from property belonging to the conservatee, whether held
outright, in trust, or otherwise.
   (e) This section is to have retroactive effect.