Bill Text: CA SB929 | 2015-2016 | Regular Session | Amended
Bill Title: Conservator appointments: compensation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-11-30 - From Assembly without further action. [SB929 Detail]
Download: California-2015-SB929-Amended.html
BILL NUMBER: SB 929 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 7, 2016
INTRODUCED BY Senator Vidak
FEBRUARY 1, 2016
An act to amend Section 2640 of add
Section 2640.2 to the Probate Code, relating to
protective proceedings. conserva torship.
LEGISLATIVE COUNSEL'S DIGEST
SB 929, as amended, Vidak. Compensation of guardians and
conservators. Conservator appointments: compensation.
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.
This 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.
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 2640.2 is added to the
Probate Code , to read:
2640.2. (a) When a conservator nominated by a third party is
appointed by the court, but not before the expiration of 90 days from
the issuance of letters, the person who has petitioned for the
appointment of that conservator and that person's attorney may
petition the court for an order fixing and allowing compensation and
reimbursement of costs.
(b) Notice of the time and place of the hearing shall be given at
least 15 days before the day of the hearing in the manner provided in
Chapter 3 (commencing with Section 1460) of Part 1.
(c) At the hearing, the court shall make an order to allow both of
the following:
(1) Any compensation or costs requested in the petition the court
determines are just and reasonable to the person who petitioned for
the appointment of a conservator for the person's services rendered
in connection with and to facilitate the appointment of the
conservator, and costs incurred in connection therewith.
(2) Any compensation or costs requested in the petition the court
determines are just and reasonable to the attorney for that person,
for the attorney's services rendered in connection with and to
facilitate the appointment of the conservator, and costs incurred in
connection therewith.
(d) Any compensation and costs allowed shall be charged to the
estate of the conservatee. If a conservator of the estate is not
appointed, but a conservator of the person is appointed, the
compensation and costs allowed shall be ordered by the court to be
paid from property belonging to the conservatee, whether held
outright, in trust, or otherwise.
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 later than 90 days after the issuance of letters
or any other period of time 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)
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) 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 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 subdivision (c), the guardian or conservator
shall not be compensated from the estate for 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.
