Amended in Senate April 6, 2015

Senate BillNo. 269


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 amended, 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 conservatorbegin insert, as specified,end insert 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.begin delete The bill would have retroactive effect.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:

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SECTION 1.  

Section 2640.2 is added to the Probate Code, to
2read:

3

2640.2.  

(a) When a conservatorbegin insert nominated by a third partyend insert is
4appointed by the court,begin insert but not before the expiration of 90 days
5from the issuance of letters,end insert
the person who has petitioned for the
6appointment of that conservator and that person’s attorney may
7petition the court for an order fixing and allowing compensation
8and reimbursement of costs.

9(b) Notice of the time and place of the hearing shall be given
10at least 15 days before the day of the hearing in the manner
11provided in Chapter 3 (commencing with Section 1460) of Part 1.

12(c) At the hearing, the court shall make an order to allow both
13of the following:

14(1) Any compensation or costs requested in the petition the court
15determines is just and reasonable to the person who petitioned for
16the appointment of a conservator for the person’s services rendered
17in connection with and to facilitate the appointment of the
18conservator, and costs incurred in connection therewith.

19(2) Any compensation or costs requested in the petition the court
20determines is just and reasonable to the attorney for that person,
21for the attorney’s services rendered in connection with and to
22facilitate the appointment of the conservator, and costs incurred
23in connection therewith.

24(d) Any compensation and costs allowed shall be charged to
25the estate of the conservatee. If a conservator of the estate is not
26appointed, but a conservator of the person is appointed, the
27compensation and costs allowed shall be ordered by the court to
28be paid from property belonging to the conservatee, whether held
29outright, in trust, or otherwise.

begin delete

30(e) This section is to have retroactive effect.

end delete


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