2005 California Probate Code Sections 2640-2646 CHAPTER 8. COMPENSATION OF GUARDIAN, CONSERVATOR, AND ATTORNEY

PROBATE CODE
SECTION 2640-2646

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 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.
2640.1.  (a) If a person has petitioned for the appointment of a
particular conservator and another conservator was appointed while
the petition was pending, but not before the expiration of 90 days
from the issuance of letters, the person who petitioned for the
appointment of a conservator but was not appointed and that person's
attorney may petition the court for an order fixing and allowing
compensation and reimbursement of costs.
   (b) Notice of the hearing shall be given for the period and in the
manner provided in Chapter 3 (commencing with Section 1460) of Part
1.
   (c) Upon the hearing, the court shall make an order to allow (1)
any compensation or costs requested in the petition the court
determines is just and reasonable to the person who petitioned for
the appointment of a conservator but was not appointed, for his or
her services rendered in connection with and to facilitate the
appointment of a conservator, and costs incurred in connection
therewith, and (2) any compensation or costs requested in the
petition the court determines is just and reasonable to the attorney
for that person, for his or her services rendered in connection with
and to facilitate the appointment of a conservator, and costs
incurred in connection therewith.  The compensation and costs so
allowed shall thereupon 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 so allowed
shall be ordered by the court to be paid from property belonging to
the conservatee, whether held outright, in trust, or otherwise.
   (d) It is the intent of the Legislature for this section to have
retroactive effect.
2641.  (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 rendered to that time.
   (b) Upon the hearing, the court shall make an order allowing any
compensation the court determines just and reasonable to the guardian
or conservator of the person for services rendered.  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.
2642.  (a) At any time permitted by Section 2640 and upon the notice
therein prescribed, an attorney who has rendered legal services to
the guardian or conservator of the person or estate or both,
including services rendered under Section 2632, may petition the
court for an order fixing and allowing compensation for  such
services rendered to that time.  Legal services for which the
attorney may petition the court for an order fixing and allowing
compensation under this subdivision include those services rendered
by any paralegal performing the 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.
   (b) Upon the hearing, the court shall make an order allowing such
compensation as the court determines reasonable to the attorney for
services rendered to the guardian or conservator.  The compensation
so allowed shall thereupon be charged against the estate.
2643.  (a) On petition by the guardian or conservator of the person
or estate or both, the court may by order authorize periodic payments
on account to any one or more of the following persons for the
services rendered by such person during the period covered by each
payment:
   (1) The guardian of the person.
   (2) The guardian of the estate.
   (3) The conservator of the person.
   (4) The conservator of the estate.
   (5) The attorney for the guardian or conservator of the person or
estate or both.
   (b) Notice of the hearing on the petition shall be given for the
period and in the manner provided in Chapter 3 (commencing with
Section 1460) of Part 1.
   (c) The petition shall describe the services to be rendered on a
periodic basis and the reason why authority to make periodic payments
is requested.  In fixing the amount of the periodic payment, the
court shall take into account the services to be rendered on a
periodic basis and the reasonable value of such services.  The
guardian or conservator of the estate may make the periodic payments
authorized by the order only if the services described in the
petition are actually rendered.  The payments made pursuant to the
order are subject to review by the court upon the next succeeding
account of the guardian or conservator of the estate to determine
that the services were actually rendered and that the  amount paid on
account was not unreasonable, and the court shall make an
appropriate order if the court determines that the amount paid on
account was either excessive or inadequate in view of the services
actually rendered.
2644.  (a)  Where it is to the advantage, benefit, and best interest
of the ward or conservatee or the estate, the guardian or
conservator of the estate may contract with an attorney for a
contingent fee for the attorney's services in representing the ward
or conservatee or the estate in connection with a matter that is of a
type that is customarily the subject of a contingent fee contract,
but such a contract is valid only if (1) the contract is made
pursuant to an order of the court authorizing the guardian or
conservator to execute the contract or (2) the contract is approved
by order of the court.
   (b) To obtain an order under this section, the guardian or
conservator shall file a petition with the court showing the
advantage, benefit, and best interest to the ward or conservatee or
the estate of the contingent fee contract.  A copy of the contingent
fee contract shall be attached to the petition.
   (c) Notice of the hearing on the petition shall be given for the
period and in the manner provided in Chapter 3 (commencing with
Section 1460) of Part 1.
   (d) As used in this section, "court" includes either of the
following:
   (1) The court in which the guardianship or conservatorship
proceeding is pending.
   (2) Where the contract is in connection with a matter in
litigation, the court in which the litigation is pending.
2645.  (a) No attorney who is a guardian or conservator shall
receive any compensation from the guardianship or conservatorship
estate for legal services performed for the guardian or conservator
unless the court specifically approves the right to the compensation
and finds that it is to the advantage, benefit, and best interests of
the ward or conservatee.
   (b) No parent, child, sibling, or spouse of a person who is a
guardian or conservator, and no law partnership or corporation whose
partner, shareholder, or employee is serving as a guardian or
conservator shall receive any compensation for legal services
performed for the guardian or conservator unless the court
specifically approves the right to the compensation and finds that it
is to the advantage, benefit, and best interests of the ward or
conservatee.
   (c) This section shall not apply if the guardian or conservator is
related by blood or marriage to, or is a cohabitant with, the ward
or conservatee.
   (d) After full disclosure of the relationships of all persons to
receive compensation for legal services under this section, the court
may, in its discretion and at any time, approve the right to that
compensation, including any time during the pendency of any of the
following orders:
   (1) An order appointing the guardian or conservator.
   (2) An order approving the general plan under Section 1831.
   (3) An order settling any account of the guardian or conservator.
   (4) An order approving a separate petition, with notice given
under Section 2581.
2646.  In proceedings under this chapter, the court shall only
determine fees that are payable from the estate of the ward or
conservatee and not limit fees payable from other sources.


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