SB 929, as introduced, Vidak. Compensation of guardians and conservators.
Existing law provides for the appointment of a guardian or a conservator of a person or an estate in specified circumstances. Existing law authorizes a guardian or conservator of an estate to petition the court for, and for the court to grant, an order fixing and allowing compensation to the guardian or conservator of the estate, the guardian or conservator of the person, or an attorney for services rendered to the guardian or conservator of the person or estate or both.
This bill would make technical, nonsubstantive changes to these provisions.
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 notbegin delete before the expiration ofend deletebegin insert later thanend insert 90 daysbegin delete fromend delete
5begin insert afterend insert the issuance of letters or any other period of timebegin delete asend deletebegin insert thatend insert the
6court for good cause orders, the guardian or conservator of the
P2 1estate
may petition the court for an order fixing and allowing
2compensation to any one or more of the following:
3(1) The guardian or conservator of the estate for services
4rendered to that time.
5(2) The guardian or conservator of the person for services
6rendered to that time.
7(3) The attorney for services rendered to that time by the
8attorney to the guardian or conservator of the person or estate or
9both.
10(b) Notice of the hearing shall be given for the period and in
11the manner provided for in Chapter 3 (commencing with Section
121460) of Part 1.
13(c) Upon the hearing, the court shall make an order allowing
14(1)begin delete anyend delete compensation requested in the petition the court determines
15is just and reasonable to the guardian or conservator of the estate
16for services rendered or to the guardian or conservator of
the person
17for services rendered, or to both, and (2)begin delete anyend delete compensation
18requested in the petition the court determines is reasonable to the
19attorney for services rendered to the guardian or conservator of
20the person or estate or both. The compensation allowed to the
21guardian or conservator of the person, the guardian or conservator
22of the estate, and to the attorney may, in the discretion of the court,
23include compensation for services rendered before the date of the
24order appointing the guardian or conservator. The compensation
25allowed shall thereupon be charged to the estate. Legal services
26for which the attorney may be compensated include those services
27rendered bybegin delete anyend deletebegin insert aend insert paralegal performing legal services under the
28direction and
supervision of an attorney. The petition or application
29for compensation shall set forth the hours spent and services
30performed by the paralegal.
31(d) Notwithstandingbegin delete the provisions ofend delete subdivision (c), the
32guardian or conservator shall not be compensated from the estate
33forbegin delete anyend delete costs or fees that the guardian or conservator incurred in
34unsuccessfully opposing a petition, or other request or action, made
35by or on behalf of the ward or conservatee, unless the court
36determines that the opposition was made in good faith, based on
37the best interests of the ward or conservatee.
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