BILL NUMBER: SB 929	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Vidak

                        FEBRUARY 1, 2016

   An act to amend Section 2640 of the Probate Code, relating to
protective proceedings.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 2640 of the Probate Code is amended to read:
   2640.  (a) At any time after the filing of the inventory and
appraisal, but not  before the expiration of  
later than  90 days  from   after  the
issuance of letters or any other period of time  as
  that  the court for good cause orders, the
guardian or conservator of the estate may petition the court for an
order fixing and allowing compensation to any one or more of the
following:
   (1) The guardian or conservator of the estate for services
rendered to that time.
   (2) The guardian or conservator of the person for services
rendered to that time.
   (3) The attorney for services rendered to that time by the
attorney to the guardian or conservator of the person or estate or
both.
   (b) Notice of the hearing shall be given for the period and in the
manner provided for in Chapter 3 (commencing with Section 1460) of
Part 1.
   (c) Upon the hearing, the court shall make an order allowing (1)
 any  compensation requested in the petition the
court determines is just and reasonable to the guardian or
conservator of the estate for services rendered or to the guardian or
conservator of the person for services rendered, or to both, and (2)
 any  compensation requested in the petition the
court determines is reasonable to the attorney for services rendered
to the guardian or conservator of the person or estate or both. The
compensation allowed to the guardian or conservator of the person,
the guardian or conservator of the estate, and to the attorney may,
in the discretion of the court, include compensation for services
rendered before the date of the order appointing the guardian or
conservator. The compensation allowed shall thereupon be charged to
the estate. Legal services for which the attorney may be compensated
include those services rendered by  any   a
 paralegal performing legal services under the direction and
supervision of an attorney. The petition or application for
compensation shall set forth the hours spent and services performed
by the paralegal.
   (d) Notwithstanding  the provisions of 
subdivision (c), the guardian or conservator shall not be compensated
from the estate for  any  costs or fees that the
guardian or conservator 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.