§ 2641. — 2641. (Amended by Stats. 2021, Ch. 417, Sec. 25.)

California § 2641.

• Jurisdiction: California
• Code PROB: Probate 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

Text

(a)
At any time permitted by Section 2640 and upon the notice therein prescribed, the guardian or conservator of the person may petition the court for an order fixing and allowing compensation for services in the best interest of the ward or conservatee rendered to that time.
(b)
Upon the hearing, the court shall make an order allowing any compensation the court determines is just and reasonable to the guardian or conservator of the person for services rendered in the best interest of the ward or conservatee. The compensation allowed to the guardian or conservator of the person 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 against the estate.
(c)
(1)
Notwithstanding subdivision (b), 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.
(d)
Notwithstanding subdivision (b), the guardian or conservator of the person 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.

Legislative History

Amended by Stats. 2021, Ch. 417, Sec. 25. (AB 1194) Effective January 1, 2022.