Bill Text: CA SB156 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Conservatorships and guardianships: attorney's fees.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2014-02-27 - Consideration of Governor's veto stricken from file. [SB156 Detail]

Download: California-2013-SB156-Amended.html

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BILL NUMBER: SB 156	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 19, 2013
	AMENDED IN ASSEMBLY  JUNE 19, 2013
	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 incurred by the guardian or conservator in
defending the compensation in the petition, including attorney's
fees, only if the guardian or conservator first proves that he or she
made a good faith effort to informally resolve all objections, that
he or she acted in good faith in defending the petition, and that it
is in the best interest of the ward or conservatee to award the costs
  prohibit the guardian or conservator from being
compensated from the estate for any costs or fees, including attorney'
s fees, incurred in defending the compensation in the petition, if
the court reduces or denies the compensation requested in the
petition  .
   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 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) Notwithstanding subdivision (c), if the court reduces or
denies the compensation requested in the petition, 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. 
However, the court may exercise discretion to grant or deny any
portion of the additional fee request if the guardian or conservator
proves to the satisfaction of the court all of the following:
 
   (1) The guardian or conservator made a reasonable and good faith
attempt at an informal resolution of each issue presented by the
objection to the compensation in the petition.  
   (2) The guardian or conservator acted in good faith and with
substantial justification in defending the petition, taking into
consideration any objections thereto.  
   (3) It is in the best interest of the ward or conservatee to make
an award of costs or fees.