JurisdictionCaliforniaCode PROBProbate Code - PROB
Div. 4.DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS
Part 4.PART 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP
Ch. 8.CHAPTER 8. Compensation of Guardian, Conservator, and Attorney
This text of California § 2640. (2640. (Amended by Stats. 2021, Ch. 417, Sec. 24.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(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 in the best interest of the ward or conservatee rendered to that time.
(2)The guardian or conservator of the person for services in the best interest of the ward or conservatee rendered to that time.
(3)The attorney for services in the best interest of the ward or conservatee rendered to that time by the attorney to the guardian or conservator of the person or estate or both.
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(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 in the best interest of the ward or conservatee rendered to that time.
(2)
The guardian or conservator of the person for services in the best interest of the ward or conservatee rendered to that time.
(3)
The attorney for services in the best interest of the ward or conservatee 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 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)
(1)
Notwithstanding 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 defending their fee request petition, opposing a petition, or any other unsuccessful request or action made by, or behalf of, the ward or conservatee.
(2)
If the court determines, by clear and convincing evidence, that the defense, opposition, or other action described in paragraph (1) was made in good faith, was based upon the best interest of the ward or conservatee, and did not harm the ward or conservatee, the court may reduce the compensation awarded for the costs or fees incurred instead of denying it completely. The court shall state the reasons for its determination in writing or on the record.
(e)
Notwithstanding subdivision (c), the guardian, conservator, or
attorney shall not be compensated with any government benefits program moneys unless deemed by the court as necessary to sustain the support and maintenance of the ward or conservatee, but in no event may this exceed the amount permitted by federal laws and regulations.