California Senate Bill SB929 Introduced / Bill

 BILL NUMBER: SB 929INTRODUCED BILL TEXT INTRODUCED BY Senator Vidak FEBRUARY 1, 2016 An act to amend Section 2640 of the Probate Code, relating to protective proceedings. LEGISLATIVE COUNSEL'S DIGEST SB 929, as introduced, Vidak. Compensation of guardians and conservators. 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 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   later than  90 days  from   after  the issuance of letters or any other period of time  as   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)  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   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  the provisions of  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 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.