SB 929,
as amended, Vidak. begin deleteCompensation of guardians and conservators. end deletebegin insertConservator appointments: compensation.end insert
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.
end insertbegin insertThis bill would permit a person who successfully petitioned for the appointment of a conservator, as specified, 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.
end insertExisting 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.
end deleteThis bill would make technical, nonsubstantive changes to these provisions.
end deleteVote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 2640.2 is added to the end insertbegin insertProbate Codeend insertbegin insert, to
2read:end insert
(a) When a conservator nominated by a third party is
4appointed by the court, but not before the expiration of 90 days
5from the issuance of letters, 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 are just and reasonable to the person who petitioned
16for the appointment of a conservator for the person’s services
17rendered in connection with and to facilitate the appointment of
18the conservator, and costs incurred in connection therewith.
19
(2) Any compensation or costs requested in the petition the court
20determines are 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.
Section 2640 of the Probate Code is amended to
31read:
(a) At any time after the filing of the inventory and
2appraisal, but not later than 90 days after the issuance of letters or
3any other period of time that the court for good cause orders, the
4guardian or conservator of the estate
may petition the court for an
5order fixing and allowing compensation to any one or more of the
6following:
7(1) The guardian or conservator of the estate for services
8rendered to that time.
9(2) The guardian or conservator of the person for services
10rendered to that time.
11(3) The attorney for services rendered to that time by the
12attorney to the guardian or conservator of the person or estate or
13both.
14(b) Notice of the hearing shall be given for the period and in
15the manner provided for in Chapter 3 (commencing with Section
161460) of Part 1.
17(c) Upon the hearing, the court shall make an order allowing
18(1) compensation requested in the petition the court determines is
19just and reasonable to the guardian or conservator of the estate for
20services rendered or to the guardian or conservator of
the person
21for services rendered, or to both, and (2) compensation requested
22in the petition the court determines is reasonable to the attorney
23for services rendered to the guardian or conservator of the person
24or estate or both. The compensation allowed to the guardian or
25conservator of the person, the guardian or conservator of the estate,
26and to the attorney may, in the discretion of the court, include
27compensation for services rendered before the date of the order
28appointing the guardian or conservator. The compensation allowed
29shall thereupon be charged to the estate. Legal services for which
30the attorney may be compensated include those services rendered
31by a paralegal performing legal services under the direction and
32
supervision of an attorney. The petition or application for
33compensation shall set forth the hours spent and services performed
34by the paralegal.
35(d) Notwithstanding subdivision (c), the guardian or conservator
36shall not be compensated from the estate for costs or fees that the
37guardian or conservator incurred in unsuccessfully opposing a
38petition, or other request or action, made by or on behalf of the
39ward or conservatee, unless the court determines that the opposition
P4 1was made in good faith, based on the best interests of the ward or
2conservatee.
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