California Senate Bill SB156 Amended / Bill

 BILL NUMBER: SB 156AMENDED 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.