California-2013-SB156-Amended

BILL NUMBER: SB 156	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 11, 2013
	AMENDED IN SENATE  APRIL 8, 2013

INTRODUCED BY   Senator Beall
    (   Coauthor:   Assembly Member  
Fong   ) 

                        JANUARY 31, 2013

   An act to amend Section 2640 of the Probate Code, relating to
conservatorships and guardianships.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 156, as amended, Beall. Conservatorships and guardianships:
attorney's fees.
   Existing law provides for the administration of guardianships and
conservatorships. Existing law authorizes a guardian or conservator
of an estate to petition the court for an order allowing compensation
to the guardian, conservator, or attorney for the guardian or
conservator, as specified. Existing law prohibits the guardian or
conservator from being compensated from the estate for any costs or
fees that he or she 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.
   This bill would instead authorize the court to award 
specified  litigation costs, including attorney's fees, to the
prevailing party if an objection is made to the petition for
compensation,  except  as specified.
   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 90 days from the issuance
of letters or any other period of time as 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 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) If the court, upon an objection to the petition, reduces the
compensation requested in the petition, the  objector
  objecting party  shall be deemed the prevailing
party and the court may award the  objector  
objecting party  his or her costs and other expenses and costs
of litigation, including attorney's fees, incurred to contest the
petition.  The amount charged is   In
determining whether to award the objecting party his or her costs and
other expenses and costs of litigation, the court shall consider the
best interests of the ward or conservatee. 
    (1)     The award shall be  a charge
against the compensation of the guardian or conservator, and the
guardian or conservator  is   shall be 
liable personally and on the bond, if any, for any amount that
remains unsatisfied. 
   (2) This subdivision does not apply to a public conservator or
public guardian.  
   (e) Notwithstanding subdivision (c), the guardian or conservator
shall not be compensated from the estate for any costs or fees,
including attorney's fees, that the guardian or conservator incurred
in defending the compensation in the petition, unless the guardian or
conservator proves to the satisfaction of the court that the
guardian or conservator acted in good faith in defending the
petition, taking into consideration the objections of the ward or
conservatee, if any. If the guardian or conservator establishes good
faith, the court may choose, but is not required, to award those
costs or fees if the court determines that it is in the best interest
of the ward or conservatee to make that award.  
   (e) 
    (f)  If the court, upon an objection to the petition,
does not reduce the compensation requested in the petition, the
guardian or conservator shall be deemed the prevailing party and the
court may order the  objector   objecting party
 to pay the  compensation and costs of the guardian or
conservator and other  expenses and costs of litigation,
including attorney's fees, incurred  by the guardian or
conservator  to defend the petition. The  objector
  objecting party  shall be personally liable
 to the guardianship or conservatorship estate  for
the amount ordered.  In determining whether to award the
objecting party his or her expenses and costs of litigation, the
court shall consider the best interests of the ward or conservatee.