Compensation of Guardian, Conservator, and Attorney

Cal. PROB § 2643.1

California Statutes

(

a) On petition by a guardian or conservator of the person or estate, or both, who is a professional fiduciary, as described in

Section and who is required to be licensed under the Professional Fiduciaries Act (Chapter 6 (commencing with

Section 6500) of Division of the Business and Professions Code), the court may by order authorize periodic payments on account to a person described in subdivision (

a) of

Section for the services rendered by that person during the period covered by each payment only if that person has filed a proposed hourly fee

schedule or another statement of his or her proposed compensation from the estate of the ward or conservatee for services performed as a guardian or conservator, as required by

Section 2614.7, and only after the court has addressed any objections filed pursuant to subdivision (d). (

b) The petition shall describe the services to be rendered on a periodic basis, the reason why authority to make periodic payments is requested, and a good faith estimate of the fees to be charged by the professional fiduciary from the date the petition is filed up to, and including, the date of the next succeeding account required by

Section or, if the next succeeding account required by

Section is due in less than one year, a good faith estimate of the fees to be charged by the professional fiduciary from the date the petition is filed through the next succeeding months, inclusive. Prior to ordering periodic payments or fixing the amount of the periodic payment, the court shall determine whether making periodic payments is in the best interest of the ward or conservatee, taking into consideration the needs of the ward or conservatee and the need to preserve and protect the estate.

If the court determines that making periodic payments is not in the best interest of the ward or conservatee, the court shall deny the petition to authorize periodic payments. If the court determines that making periodic payments is in the best interest of the ward or conservatee, the court shall fix the amount of the periodic payment. 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 those services. (c)

(1) Notice of the hearing on the petition and notice of how to file an objection to the petition shall be given for the period and in the manner provided in

Chapter 3 (commencing with

Section 1460) of

Part 1.

(2) The notices required by paragraph (1) shall be made to the court investigator for the period and in the manner provided in

Chapter 3 (commencing with

Section 1460) of

Part 1. (d)

(1) Any person entitled to notice under paragraph (1) of subdivision (

c) may file with the court a written objection to the authorization of periodic payments on account. The court clerk shall set any objections for a hearing no fewer than days after the date the objections are filed.

(2) If an objection is filed pursuant to paragraph (1), the guardian or conservator shall have the burden of establishing the necessity for and amount, if any, of periodic payments. (

e) 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 shall be reviewed 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 reasonable and in the best interest of the ward or conservatee, taking into consideration the needs of the ward or conservatee and the need to preserve and protect the estate.

The court shall make an appropriate order reducing the guardian or conservator’s compensation if the court determines that the amount paid on account was either unreasonable or not in the best interest of the ward or conservatee in view of the services actually rendered. (

f) The authorization for periodic payments granted pursuant to this

section shall terminate on a date determined by the court, but not later than the due date of the next succeeding account required by

Section 2620. Nothing in this

section shall preclude a guardian or conservator from filing a subsequent petition to receive periodic payments pursuant to this section.

Document details

CollectionCalifornia Statutes
CitationCal. PROB § 2643.1
Date2014-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierPROB2643.1.20132487

Compensation of Guardian, Conservator, and Attorney

Cal. PROB § 2643.1

California Statutes

Compensation of Guardian, Conservator, and Attorney

Cal. PROB § 2643.1

California Statutes

(

a) On petition by a guardian or conservator of the person or estate, or both, who is a professional fiduciary, as described in

Section and who is required to be licensed under the Professional Fiduciaries Act (Chapter 6 (commencing with

Section 6500) of Division of the Business and Professions Code), the court may by order authorize periodic payments on account to a person described in subdivision (

a) of

Section for the services rendered by that person during the period covered by each payment only if that person has filed a proposed hourly fee

schedule or another statement of his or her proposed compensation from the estate of the ward or conservatee for services performed as a guardian or conservator, as required by

Section 2614.7, and only after the court has addressed any objections filed pursuant to subdivision (d). (

b) The petition shall describe the services to be rendered on a periodic basis, the reason why authority to make periodic payments is requested, and a good faith estimate of the fees to be charged by the professional fiduciary from the date the petition is filed up to, and including, the date of the next succeeding account required by

Section or, if the next succeeding account required by

Section is due in less than one year, a good faith estimate of the fees to be charged by the professional fiduciary from the date the petition is filed through the next succeeding months, inclusive. Prior to ordering periodic payments or fixing the amount of the periodic payment, the court shall determine whether making periodic payments is in the best interest of the ward or conservatee, taking into consideration the needs of the ward or conservatee and the need to preserve and protect the estate.

If the court determines that making periodic payments is not in the best interest of the ward or conservatee, the court shall deny the petition to authorize periodic payments. If the court determines that making periodic payments is in the best interest of the ward or conservatee, the court shall fix the amount of the periodic payment. 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 those services. (c)

(1) Notice of the hearing on the petition and notice of how to file an objection to the petition shall be given for the period and in the manner provided in

Chapter 3 (commencing with

Section 1460) of

Part 1.

(2) The notices required by paragraph (1) shall be made to the court investigator for the period and in the manner provided in

Chapter 3 (commencing with

Section 1460) of

Part 1. (d)

(1) Any person entitled to notice under paragraph (1) of subdivision (

c) may file with the court a written objection to the authorization of periodic payments on account. The court clerk shall set any objections for a hearing no fewer than days after the date the objections are filed.

(2) If an objection is filed pursuant to paragraph (1), the guardian or conservator shall have the burden of establishing the necessity for and amount, if any, of periodic payments. (

e) 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 shall be reviewed 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 reasonable and in the best interest of the ward or conservatee, taking into consideration the needs of the ward or conservatee and the need to preserve and protect the estate.

The court shall make an appropriate order reducing the guardian or conservator’s compensation if the court determines that the amount paid on account was either unreasonable or not in the best interest of the ward or conservatee in view of the services actually rendered. (

f) The authorization for periodic payments granted pursuant to this

section shall terminate on a date determined by the court, but not later than the due date of the next succeeding account required by

Section 2620. Nothing in this

section shall preclude a guardian or conservator from filing a subsequent petition to receive periodic payments pursuant to this section.

Document details

CollectionCalifornia Statutes
CitationCal. PROB § 2643.1
Date2014-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierPROB2643.1.20132487