BILL NUMBER: AB 1339 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 19, 2013
PASSED THE ASSEMBLY AUGUST 22, 2013
AMENDED IN SENATE AUGUST 12, 2013
AMENDED IN SENATE JUNE 24, 2013
AMENDED IN SENATE JUNE 10, 2013
AMENDED IN ASSEMBLY APRIL 22, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Maienschein
FEBRUARY 22, 2013
An act to amend Sections 1510, 1821, 2250, and 2643 of, and to add
Sections 2614.7, 2614.8, and 2643.1 to, the Probate Code, relating
to professional fiduciaries.
LEGISLATIVE COUNSEL'S DIGEST
AB 1339, Maienschein. Professional fiduciaries: guardians and
conservators.
Existing law provides that a relative or other person on behalf of
a minor, or a minor if he or she is 12 years of age or older, may
file a petition for the appointment of a guardian of the person or
estate of the minor. Existing law also provides that certain persons
may file a petition for the appointment of a conservator. Existing
law provides that on or after the filing of a petition for
appointment of a guardian or conservator, a person entitled to
petition for the appointment of a guardian or conservator may file a
petition for the appointment of a temporary guardian or temporary
conservator, as specified. Under existing law, when a petition to
appoint a conservator or a temporary conservator is filed, and the
petitioner is a professional fiduciary, as defined, the petition must
include specified additional information, including the petitioner's
license information and a statement explaining who engaged the
petitioner or how the petitioner was engaged to file the petition for
appointment of a conservator and what prior relationship the
petitioner had with the proposed conservatee or the proposed
conservatee's family or friends.
This bill would require that when a petition to appoint a
conservator or a temporary conservator is filed, and the petitioner
or proposed conservator is a professional fiduciary, as defined, the
petition also include the petitioner's or proposed conservator's
proposed hourly fee schedule or another statement of the petitioner's
or proposed conservator's proposed compensation from the estate of
the proposed conservatee for services performed. The bill would
provide that provision of that schedule or statement shall not
preclude a court from reducing the hourly fees or other compensation.
This bill would also require, when a petition to appoint a
guardian or temporary guardian is filed, and the petitioner or
proposed guardian is a professional fiduciary, as defined, the
petition to include the same additional information as when a
professional fiduciary files a petition to appoint a conservator or a
temporary conservator. The bill would also provide that provision of
a proposed hourly fee schedule or another statement of proposed
compensation shall not preclude a court from reducing the fees or
other compensation.
Existing law requires, within 90 days of a guardian's or
conservator's appointment, the guardian or conservator to file an
inventory and appraisal.
This bill would require the guardian or conservator, if he or she
is a professional fiduciary, as defined, to file concurrently with
the inventory and appraisal a proposed hourly fee schedule or another
statement of his or her proposed compensation from the estate of the
ward or conservatee for services performed. The bill would also
authorize the guardian or conservator to submit a new proposed hourly
fee schedule or another statement of his or her proposed
compensation at any time on or after one year from the original
submission, as specified. The bill would provide that filing or
submittal of those schedules or statements shall not preclude a court
from reducing the guardian's or conservator's hourly fees or other
compensation or his or her attorney's fees, as the case may be.
Existing law permits the court, on petition by the guardian or
conservator, to authorize periodic payments on account to the
guardian or conservator for the services rendered by those persons
during the period covered by each payment.
This bill would permit the court, on petition by a guardian or
conservator who is a professional fiduciary, as defined, to authorize
periodic payments on account only if the guardian or conservator
filed a proposed hourly fee schedule or another statement of his or
her proposed compensation from the estate of the ward or conservatee
for services performed with the inventory and appraisal and only
after addressing all objections to the petition. The bill would also
provide that the authorization for periodic payments to a guardian or
conservator who is a professional fiduciary, as defined, shall
terminate on a date determined by the court, but not later than the
due date of the next succeeding accounting.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1510 of the Probate Code is amended to read:
1510. (a) A relative or other person on behalf of the minor, or
the minor if 12 years of age or older, may file a petition for the
appointment of a guardian of the minor. A relative may file a
petition for the appointment of a guardian under this section
regardless of the relative's immigration status.
(b) The petition shall request that a guardian of the person or
estate of the minor, or both, be appointed, shall specify the name
and address of the proposed guardian and the name and date of birth
of the proposed ward, and shall state that the appointment is
necessary or convenient.
(c) The petition shall set forth, so far as is known to the
petitioner, the names and addresses of all of the following:
(1) The parents of the proposed ward.
(2) The person having legal custody of the proposed ward and, if
that person does not have the care of the proposed ward, the person
having the care of the proposed ward.
(3) The relatives of the proposed ward within the second degree.
(4) In the case of a guardianship of the estate, the spouse of the
proposed ward.
(5) Any person nominated as guardian for the proposed ward under
Section 1500 or 1501.
(6) In the case of a guardianship of the person involving an
Indian child, any Indian custodian and the Indian child's tribe.
(d) If the petitioner or proposed guardian is a professional
fiduciary, as described in Section 2340, who is required to be
licensed under the Professional Fiduciaries Act (Chapter 6
(commencing with Section 6500) of Division 3 of the Business and
Professions Code), the petition shall include the following:
(1) The petitioner's or proposed guardian's proposed hourly fee
schedule or another statement of his or her proposed compensation
from the estate of the proposed ward for services performed as a
guardian. The petitioner's or proposed guardian's provision of a
proposed hourly fee schedule or another statement of his or her
proposed compensation, as required by this paragraph, shall not
preclude a court from later reducing the petitioner's or proposed
guardian's fees or other compensation.
(2) Unless a petition for appointment of a temporary guardian that
contains the statements required by this paragraph is filed together
with a petition for appointment of a guardian, both of the
following:
(A) A statement of the petitioner's or proposed guardian's license
information.
(B) A statement explaining who engaged the petitioner or proposed
guardian or how the petitioner or proposed guardian was engaged to
file the petition for appointment of a guardian or to agree to accept
the appointment as guardian and what prior relationship the
petitioner or proposed guardian had with the proposed ward or the
proposed ward's family or friends.
(e) If the proposed ward is a patient in or on leave of absence
from a state institution under the jurisdiction of the State
Department of State Hospitals or the State Department of
Developmental Services and that fact is known to the petitioner or
proposed guardian, the petition shall state that fact and name the
institution.
(f) The petition shall state, so far as is known to the petitioner
or proposed guardian, whether or not the proposed ward is receiving
or is entitled to receive benefits from the Veterans Administration
and the estimated amount of the monthly benefit payable by the
Veterans Administration for the proposed ward.
(g) If the petitioner or proposed guardian has knowledge of any
pending adoption, juvenile court, marriage dissolution, domestic
relations, custody, or other similar proceeding affecting the
proposed ward, the petition shall disclose the pending proceeding.
(h) If the petitioners or proposed guardians have accepted or
intend to accept physical care or custody of the child with intent to
adopt, whether formed at the time of placement or formed subsequent
to placement, the petitioners or proposed guardians shall so state in
the guardianship petition, whether or not an adoption petition has
been filed.
(i) If the proposed ward is or becomes the subject of an adoption
petition, the court shall order the guardianship petition
consolidated with the adoption petition, and the consolidated case
shall be heard and decided in the court in which the adoption is
pending.
(j) If the proposed ward is or may be an Indian child, the
petition shall state that fact.
SEC. 2. Section 1821 of the Probate Code is amended to read:
1821. (a) The petition shall request that a conservator be
appointed for the person or estate, or both, shall specify the name,
address, and telephone number of the proposed conservator and the
name, address, and telephone number of the proposed conservatee, and
state the reasons why a conservatorship is necessary. Unless the
petitioner or proposed conservator is a bank or other entity
authorized to conduct the business of a trust company, the petitioner
or proposed conservator shall also file supplemental information as
to why the appointment of a conservator is required. The supplemental
information to be submitted shall include a brief statement of facts
addressed to each of the following categories:
(1) The inability of the proposed conservatee to properly provide
for his or her needs for physical health, food, clothing, and
shelter.
(2) The location of the proposed conservatee's residence and the
ability of the proposed conservatee to live in the residence while
under conservatorship.
(3) Alternatives to conservatorship considered by the petitioner
or proposed conservator and reasons why those alternatives are not
available.
(4) Health or social services provided to the proposed conservatee
during the year preceding the filing of the petition, when the
petitioner or proposed conservator has information as to those
services.
(5) The inability of the proposed conservatee to substantially
manage his or her own financial resources, or to resist fraud or
undue influence.
The facts required to address the categories set forth in
paragraphs (1) to (5), inclusive, shall be set forth by the
petitioner or proposed conservator if he or she has knowledge of the
facts or by the declarations or affidavits of other persons having
knowledge of those facts.
If any of the categories set forth in paragraphs (1) to (5),
inclusive, are not applicable to the proposed conservatorship, the
petitioner or proposed conservator shall so indicate and state on the
supplemental information form the reasons therefor.
The Judicial Council shall develop a supplemental information form
for the information required pursuant to paragraphs (1) to (5),
inclusive, after consultation with individuals or organizations
approved by the Judicial Council, who represent public conservators,
court investigators, the State Bar, specialists with experience in
performing assessments and coordinating community-based services, and
legal services for the elderly and disabled.
The supplemental information form shall be separate and distinct
from the form for the petition. The supplemental information shall be
confidential and shall be made available only to parties, persons
given notice of the petition who have requested this supplemental
information or who have appeared in the proceedings, their attorneys,
and the court. The court shall have discretion at any other time to
release the supplemental information to other persons if it would
serve the interests of the conservatee. The clerk of the court shall
make provision for limiting disclosure of the supplemental
information exclusively to persons entitled thereto under this
section.
(b) The petition shall set forth, so far as they are known to the
petitioner or proposed conservator, the names and addresses of the
spouse or domestic partner, and of the relatives of the proposed
conservatee within the second degree. If no spouse or domestic
partner of the proposed conservatee or relatives of the proposed
conservatee within the second degree are known to the petitioner or
proposed conservator, the petition shall set forth, so far as they
are known to the petitioner or proposed conservator, the names and
addresses of the following persons who, for the purposes of Section
1822, shall all be deemed to be relatives:
(1) A spouse or domestic partner of a predeceased parent of a
proposed conservatee.
(2) The children of a predeceased spouse or domestic partner of a
proposed conservatee.
(3) The siblings of the proposed conservatee's parents, if any,
but if none, then the natural and adoptive children of the proposed
conservatee's parents' siblings.
(4) The natural and adoptive children of the proposed conservatee'
s siblings.
(c) If the petitioner or proposed conservator is a professional
fiduciary, as described in Section 2340, who is required to be
licensed under the Professional Fiduciaries Act (Chapter 6
(commencing with Section 6500) of Division 3 of the Business and
Professions Code), the petition shall include the following:
(1) The petitioner's or proposed conservator's proposed hourly fee
schedule or another statement of his or her proposed compensation
from the estate of the proposed conservatee for services performed as
a conservator. The petitioner's or proposed conservator's provision
of a proposed hourly fee schedule or another statement of his or her
proposed compensation, as required by this paragraph, shall not
preclude a court from later reducing the petitioner's or proposed
conservator's fees or other compensation.
(2) Unless a petition for appointment of a temporary conservator
that contains the statements required by this paragraph is filed
together with a petition for appointment of a conservator, both of
the following:
(A) A statement of the petitioner's or proposed conservator's
license information.
(B) A statement explaining who engaged the petitioner or proposed
conservator or how the petitioner or proposed conservator was engaged
to file the petition for appointment of a conservator or to agree to
accept the appointment as conservator and what prior relationship
the petitioner or proposed conservator had with the proposed
conservatee or the proposed conservatee's family or friends.
(d) If the petition is filed by a person other than the proposed
conservatee, the petition shall include a declaration of due
diligence showing both of the following:
(1) Either the efforts to find the proposed conservatee's
relatives or why it was not feasible to contact any of them.
(2) Either the preferences of the proposed conservatee concerning
the appointment of a conservator and the appointment of the proposed
conservator or why it was not feasible to ascertain those
preferences.
(e) If the petition is filed by a person other than the proposed
conservatee, the petition shall state whether or not the petitioner
is a creditor or debtor, or the agent of a creditor or debtor, of the
proposed conservatee.
(f) If the proposed conservatee is a patient in or on leave of
absence from a state institution under the jurisdiction of the State
Department of State Hospitals or the State Department of
Developmental Services and that fact is known to the petitioner or
proposed conservator, the petition shall state that fact and name the
institution.
(g) The petition shall state, so far as is known to the petitioner
or proposed conservator, whether or not the proposed conservatee is
receiving or is entitled to receive benefits from the Veterans
Administration and the estimated amount of the monthly benefit
payable by the Veterans Administration for the proposed conservatee.
(h) The petition may include an application for any order or
orders authorized under this division, including, but not limited to,
orders under Chapter 4 (commencing with Section 1870).
(i) The petition may include a further statement that the proposed
conservatee is not willing to attend the hearing on the petition,
does not wish to contest the establishment of the conservatorship,
and does not object to the proposed conservator or prefer that
another person act as conservator.
(j) In the case of an allegedly developmentally disabled adult,
the petition shall set forth the following:
(1) The nature and degree of the alleged disability, the specific
duties and powers requested by or for the limited conservator, and
the limitations of civil and legal rights requested to be included in
the court's order of appointment.
(2) Whether or not the proposed limited conservatee is or is
alleged to be developmentally disabled.
Reports submitted pursuant to Section 416.8 of the Health and
Safety Code meet the requirements of this section, and
conservatorships filed pursuant to Article 7.5 (commencing with
Section 416) of Part 1 of Division 1 of the Health and Safety Code
are exempt from providing the supplemental information required by
this section, so long as the guidelines adopted by the State
Department of Developmental Services for regional centers require the
same information that is required pursuant to this section.
SEC. 3. Section 2250 of the Probate Code is amended to read:
2250. (a) On or after the filing of a petition for appointment of
a guardian or conservator, any person entitled to petition for
appointment of the guardian or conservator may file a petition for
appointment of:
(1) A temporary guardian of the person or estate, or both.
(2) A temporary conservator of the person or estate, or both.
(b) The petition shall state facts which establish good cause for
appointment of the temporary guardian or temporary conservator. The
court, upon that petition or other showing as it may require, may
appoint a temporary guardian of the person or estate, or both, or a
temporary conservator of the person or estate, or both, to serve
pending the final determination of the court upon the petition for
the appointment of the guardian or conservator.
(c) If the petitioner, proposed guardian, or proposed conservator
is a professional fiduciary, as described in Section 2340, who is
required to be licensed under the Professional Fiduciaries Act
(Chapter 6 (commencing with Section 6500) of Division 3 of the
Business and Professions Code), the petition for appointment of a
temporary guardian or temporary conservator shall include the
following:
(1) The petitioner's, proposed guardian's, or proposed conservator'
s proposed hourly fee schedule or another statement of his or her
proposed compensation from the estate of the proposed ward or
proposed conservatee for services performed as a guardian or
conservator. The petitioner's, proposed guardian's, or proposed
conservator's provision of a proposed hourly fee schedule or another
statement of his or her proposed compensation, as required by this
paragraph, shall not preclude a court from later reducing the
petitioner's, proposed guardian's, or proposed conservator's fees or
other compensation.
(2) Unless a petition for appointment of a guardian or conservator
that contains the statements required by this paragraph is filed
together with a petition for appointment of a temporary guardian or
temporary conservator, both of the following:
(A) A statement of the petitioner's, proposed guardian's, or
proposed conservator's registration or license information.
(B) A statement explaining who engaged the petitioner, proposed
guardian, or proposed conservator or how the petitioner, proposed
guardian, or proposed conservator was engaged to file the petition
for appointment of a temporary guardian or temporary conservator or
to agree to accept the appointment as temporary guardian or temporary
conservator and what prior relationship the petitioner, proposed
guardian, or proposed conservator had with the proposed ward or
proposed conservatee or the proposed ward's or proposed conservatee's
family or friends.
(d) If the petition is filed by a party other than the proposed
conservatee, the petition shall include a declaration of due
diligence showing both of the following:
(1) Either the efforts to find the proposed conservatee's
relatives named in the petition for appointment of a general
conservator or why it was not feasible to contact any of them.
(2) Either the preferences of the proposed conservatee concerning
the appointment of a temporary conservator and the appointment of the
proposed temporary conservator or why it was not feasible to
ascertain those preferences.
(e) Unless the court for good cause otherwise orders, at least
five court days before the hearing on the petition, notice of the
hearing shall be given as follows:
(1) Notice of the hearing shall be personally delivered to the
proposed ward if he or she is 12 years of age or older, to the parent
or parents of the proposed ward, and to any person having a valid
visitation order with the proposed ward that was effective at the
time of the filing of the petition. Notice of the hearing shall not
be delivered to the proposed ward if he or she is under 12 years of
age. In a proceeding for temporary guardianship of the person,
evidence that a custodial parent has died or become incapacitated,
and that the petitioner or proposed guardian is the nominee of the
custodial parent, may constitute good cause for the court to order
that this notice not be delivered.
(2) Notice of the hearing shall be personally delivered to the
proposed conservatee, and notice of the hearing shall be served on
the persons required to be named in the petition for appointment of
conservator. If the petition states that the petitioner and the
proposed conservator have no prior relationship with the proposed
conservatee and has not been nominated by a family member, friend, or
other person with a relationship to the proposed conservatee, notice
of hearing shall be served on the public guardian of the county in
which the petition is filed.
(3) A copy of the petition for temporary appointment shall be
served with the notice of hearing.
(f) If a temporary guardianship is granted ex parte and the
hearing on the general guardianship petition is not to be held within
30 days of the granting of the temporary guardianship, the court
shall set a hearing within 30 days to reconsider the temporary
guardianship. Notice of the hearing for reconsideration of the
temporary guardianship shall be provided pursuant to Section 1511,
except that the court may for good cause shorten the time for the
notice of the hearing.
(g) Visitation orders with the proposed ward granted prior to the
filing of a petition for temporary guardianship shall remain in
effect, unless for good cause the court orders otherwise.
(h) (1) If a temporary conservatorship is granted ex parte, and a
petition to terminate the temporary conservatorship is filed more
than 15 days before the first hearing on the general petition for
appointment of conservator, the court shall set a hearing within 15
days of the filing of the petition for termination of the temporary
conservatorship to reconsider the temporary conservatorship. Unless
the court otherwise orders, notice of the hearing on the petition to
terminate the temporary conservatorship shall be given at least 10
days prior to the hearing.
(2) If a petition to terminate the temporary conservatorship is
filed within 15 days before the first hearing on the general petition
for appointment of conservator, the court shall set the hearing at
the same time that the hearing on the general petition is set. Unless
the court otherwise orders, notice of the hearing on the petition to
terminate the temporary conservatorship pursuant to this section
shall be given at least five court days prior to the hearing.
(i) If the court suspends powers of the guardian or conservator
under Section 2334 or 2654 or under any other provision of this
division, the court may appoint a temporary guardian or conservator
to exercise those powers until the powers are restored to the
guardian or conservator or a new guardian or conservator is
appointed.
(j) If for any reason a vacancy occurs in the office of guardian
or conservator, the court, on a petition filed under subdivision (a)
or on its own motion, may appoint a temporary guardian or conservator
to exercise the powers of the guardian or conservator until a new
guardian or conservator is appointed.
(k) On or before January 1, 2008, the Judicial Council shall adopt
a rule of court that establishes uniform standards for good cause
exceptions to the notice required by subdivision (e), limiting those
exceptions to only cases when waiver of the notice is essential to
protect the proposed conservatee or ward, or the estate of the
proposed conservatee or ward, from substantial harm.
(l) A superior court shall not be required to perform any duties
imposed pursuant to the amendments to this section enacted by Chapter
493 of the Statutes 2006 until the Legislature makes an
appropriation identified for this purpose.
SEC. 4. Section 2614.7 is added to the Probate Code, to read:
2614.7. If a guardian or conservator of the person or estate, or
both, is a professional fiduciary, as described in Section 2340, who
is required to be licensed under the Professional Fiduciaries Act
(Chapter 6 (commencing with Section 6500) of Division 3 of the
Business and Professions Code), the guardian or conservator shall
file, concurrently with the inventory and appraisal required by
Section 2610, a proposed hourly fee schedule or another statement of
his or her proposed compensation from the estate of the ward or
conservatee for services performed as a guardian or conservator. The
filing of a proposed hourly fee schedule or another statement of the
guardian's or conservator's proposed compensation, as required by
this section, shall not preclude a court from later reducing the
guardian's, conservator's, or his or her attorney's fees or other
compensation.
SEC. 5. Section 2614.8 is added to the Probate Code, to read:
2614.8. At any time on or after one year from the submission of
an hourly fee schedule or another statement of proposed compensation
under this section or under Section 1510, 1821, 2250, or 2614.7, a
guardian or conservator who is a professional fiduciary may submit a
new proposed hourly fee schedule or another statement of his or her
proposed compensation from the estate of the proposed ward or
proposed conservatee. The submittal of a new hourly fee schedule or
another statement of the guardian's or conservator's proposed
compensation, as authorized by this section, shall not preclude a
court from later reducing the guardian's or conservator's hourly fees
or other compensation, or his or her attorney's fees or other
compensation.
SEC. 6. Section 2643 of the Probate Code is amended to read:
2643. (a) Except as provided in Section 2643.1, on petition by
the guardian or conservator of the person or estate, or both, the
court may by order authorize periodic payments on account to any one
or more of the following persons for the services rendered by that
person during the period covered by each payment:
(1) The guardian of the person.
(2) The guardian of the estate.
(3) The conservator of the person.
(4) The conservator of the estate.
(5) The attorney for the guardian or conservator of the person or
estate, or both.
(b) Notice of the hearing on the petition shall be given for the
period and in the manner provided in Chapter 3 (commencing with
Section 1460) of Part 1.
(c) The petition shall describe the services to be rendered on a
periodic basis and the reason why authority to make periodic payments
is requested. In fixing the amount of the periodic payment, the
court shall take into account the services to be rendered on a
periodic basis and the reasonable value of those services. The
guardian or conservator of the estate may make the periodic payments
authorized by the order only if the services described in the
petition are actually rendered. The payments made pursuant to the
order are subject to review by the court upon the next succeeding
account of the guardian or conservator of the estate to determine
that the services were actually rendered and that the amount paid on
account was not unreasonable, and the court shall make an appropriate
order if the court determines that the amount paid on account was
either excessive or inadequate in view of the services actually
rendered.
SEC. 7. Section 2643.1 is added to the Probate Code, to read:
2643.1. (a) On petition by a guardian or conservator of the
person or estate, or both, who is a professional fiduciary, as
described in Section 2340 and who is required to be licensed under
the Professional Fiduciaries Act (Chapter 6 (commencing with Section
6500) of Division 3 of the Business and Professions Code), the court
may by order authorize periodic payments on account to a person
described in subdivision (a) of Section 2643 for the services
rendered by that person during the period covered by each payment
only if that person has filed a proposed hourly fee schedule or
another statement of his or her proposed compensation from the estate
of the ward or conservatee for services performed as a guardian or
conservator, as required by Section 2614.7, and only after the court
has addressed any objections filed pursuant to subdivision (d).
(b) The petition shall describe the services to be rendered on a
periodic basis, the reason why authority to make periodic payments is
requested, and a good faith estimate of the fees to be charged by
the professional fiduciary from the date the petition is filed up to,
and including, the date of the next succeeding account required by
Section 2620 or, if the next succeeding account required by Section
2620 is due in less than one year, a good faith estimate of the fees
to be charged by the professional fiduciary from the date the
petition is filed through the next succeeding 12 months, inclusive.
Prior to ordering periodic payments or fixing the amount of the
periodic payment, the court shall determine whether making periodic
payments is in the best interest of the ward or conservatee, taking
into consideration the needs of the ward or conservatee and the need
to preserve and protect the estate. If the court determines that
making periodic payments is not in the best interest of the ward or
conservatee, the court shall deny the petition to authorize periodic
payments. If the court determines that making periodic payments is in
the best interest of the ward or conservatee, the court shall fix
the amount of the periodic payment. In fixing the amount of the
periodic payment, the court shall take into account the services to
be rendered on a periodic basis and the reasonable value of those
services.
(c) (1) Notice of the hearing on the petition and notice of how
to file an objection to the petition shall be given for the period
and in the manner provided in Chapter 3 (commencing with Section
1460) of Part 1.
(2) The notices required by paragraph (1) shall be made to the
court investigator for the period and in the manner provided in
Chapter 3 (commencing with Section 1460) of Part 1.
(d) (1) Any person entitled to notice under paragraph (1) of
subdivision (c) may file with the court a written objection to the
authorization of periodic payments on account. The court clerk shall
set any objections for a hearing no fewer than 15 days after the date
the objections are filed.
(2) If an objection is filed pursuant to paragraph (1), the
guardian or conservator shall have the burden of establishing the
necessity for and amount, if any, of periodic payments.
(e) The guardian or conservator of the estate may make the
periodic payments authorized by the order only if the services
described in the petition are actually rendered. The payments made
pursuant to the order shall be reviewed by the court upon the next
succeeding account of the guardian or conservator of the estate to
determine that the services were actually rendered and that the
amount paid on account was reasonable and in the best interest of the
ward or conservatee, taking into consideration the needs of the ward
or conservatee and the need to preserve and protect the estate. The
court shall make an appropriate order reducing the guardian or
conservator's compensation if the court determines that the amount
paid on account was either unreasonable or not in the best interest
of the ward or conservatee in view of the services actually rendered.
(f) The authorization for periodic payments granted pursuant to
this section shall terminate on a date determined by the court, but
not later than the due date of the next succeeding account required
by Section 2620. Nothing in this section shall preclude a guardian or
conservator from filing a subsequent petition to receive periodic
payments pursuant to this section.