Today's Law As Amended

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SB-929 Conservator appointments: compensation.(2015-2016)



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.