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.

 THIRD READING  

Bill No: SB 929

Author:

:

Vote:

SENATE JUDICIARY COMMITTEE: 7-0, 4/26/16

AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning, Wieckowski

SUBJECT:

SOURCE: Conference of California Bar Associations

DIGEST: This bill authorizes a person, who has successfully petitioned for the appointment of a third-party conservator, and the person’s attorney, to petition the court for an order fixing and allowing compensation for services rendered and reimbursement for costs incurred in connection with the appointment of the conservator. This bill provides that any compensation and costs shall be charged to the conservatee’s estate.

ANALYSIS:

Existing law:

1. Permits the guardian or conservator of the estate, at any time after the filing of the inventory and appraisal of the ward’s or conservatee’s estate, 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, to petition the court for an order fixing and allowing compensation to, among others, the guardian or conservator of the estate or person, or both, and the guardian’s or conservator’s attorney.
2. Requires the guardian or conservator to provide to interested parties, as specified, notice of the hearing on the petition for compensation.
3. Authorizes the court, upon the hearing, to make an order allowing: (a) 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 (b) 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.
4. Provides that 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, and the compensation allowed is charged against the guardian’s or conservatee’s estate.
5. Prohibits the guardian or conservator from being 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.
6. Authorizes a person who 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, provided that the court determines that the petition was filed in the best interests of the conservatee.
7. Authorizes a guardian or conservator of the person to petition the court for an order fixing and allowing compensation for services rendered to that time.
8. Authorizes the court, upon a hearing and after determining that a guardian’s or conservator’s petition for compensation is just and reasonable, to award to the guardian or conservator of the person fees and costs for services rendered.
9. Authorizes, in the discretion of the court, for the guardian or conservator of the person to receive compensation for services rendered before the date of the order appointing the guardian or conservator, and provides that compensation is charged against the guardian’s or conservatee’s estate.
10. Prohibits compensation from the estate to the guardian or conservator 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.
11. Authorizes an attorney who has rendered legal services to the guardian or conservator of the person or estate or both to petition the court for an order fixing and allowing compensation for such services rendered to that time.
12. Requires the court, upon the hearing, to make an order allowing such compensation as the court determines reasonable to the attorney for services rendered to the guardian or conservator, and the compensation is required to be charged against the ward’s or conservatee’s estate.

This bill:

1. Provides that when a conservator nominated by a third party is appointed by the court, but not before the expiration of 90 days from the issuance of letters, the person who has petitioned for the appointment of that conservator and that person’s attorney may petition the court for an order fixing and allowing compensation and reimbursement of costs.
2. Requires notice of the time and place of the hearing to be given, as specified, at least 15 days before the day of the hearing.
3. Requires the court to make an order to allow both of the following:

• Any compensation or costs requested in the petition the court determines are just and reasonable to the person who petitioned for the appointment of a conservator for the person’s services rendered in connection with and to facilitate the appointment of the conservator, and costs incurred in connection therewith; and
• Any compensation or costs requested in the petition the court determines are just and reasonable to the attorney for that person, for the attorney’s services rendered in connection with and to facilitate the appointment of the conservator, and costs incurred in connection therewith.

1. Requires any compensation and costs allowed to be charged to the conservatee’s estate.
2. Provides that if a conservator of the estate is not appointed, but a conservator of the person is appointed, the compensation and costs allowed are to be ordered by the court to be paid from property belonging to the conservatee, whether held outright, in trust, or otherwise.

Background

In California, if an adult is unable to manage his or her financial matters, a conservator of the estate may be appointed by a court to manage the adult’s (conservatee) financial matters. If the adult is unable to manage his or her medical and personal decisions, a conservator of the person may be appointed. Similarly, a guardian of the estate or person may be appointed for a minor child (ward).

After the guardian or conservator has been appointed, the guardian or conservator of the estate or person, and his or her attorney, may petition the court for an order fixing and allowing compensation for services rendered up to that time, which may include compensation for services rendered before the date of the order appointing the guardian or conservator. Further, a person, who unsuccessfully petitioned for the appointment of a conservator because a different conservator was appointed, may petition the court for an order fixing and allowing compensation and reimbursement of the person’s costs in filing the petition for conservator. In that case, the court must find that the petition was brought in the best interests of the conservatee, and the compensation and fees awarded are charged to the ward’s or conservatee’s estate.

This bill is identical to SB 269 (Vidak, 2015), which was gutted and amended in the Assembly, under a new author (Roth), to provide relief to small businesses with respect to construction-related accessibility litigation and to encourage compliance with construction-related accessibility standards.

This bill authorizes a person, who successfully petitions for the appointment of a third-party conservator, and the person’s attorney, to petition the court for payment of the fees and costs incurred in filing the petition for conservator.

Comments

The author writes:

Current law provides a hierarchical preference to certain individuals to become the conservator, which begin with the spouse and then works down through adult children, parents, and siblings. Individuals can also petition the court for the appointment of another conservator if they feel that another individual should act as the conservator.

Probate Code [Section] 2640 only authorizes reimbursement from the estate of the compensation, costs and attorney’s fees of a successful petitioner, on their own behalf, for appointment as estate conservator. Probate Code [Section] 2640.1 allows for the allowance of such compensation, costs, and fees to an unsuccessful petitioner for appointment as conservator.

But there is no provision allowing for compensation, costs, and fees for a successful petitioner for the appointment of a third person to act as the conservator. Without this authority for reimbursement of fees, family members and other interested parties may be discouraged, because of their own limited means, from petitioning to have a suitable conservator appointed.

[This bill] allows interested parties who are successful in their petition for appointment of another, more appropriate person as conservator, to recover compensation, reimbursement of attorneys’ fees and other costs incurred in connection with that petition.

Related/Prior Legislation

SB 269 (Roth, 2015) See Background.

AB 1363 (Jones, Chapter 493, Statutes of 2006), the Omnibus Conservatorship and Guardianship Reform Act of 2006, among other things, required that a person, whose petition for appointment of a conservator is unsuccessful because a different conservator was appointed, and who petitions the court for an award of compensation of fees and costs associated with the conservatorship petition, must also prove that the unsuccessful petition to appoint a conservator was filed in the best interests of the conservatee. The bill also prohibited the guardian or conservator of the estate from being 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.

AB 2801 (Committee on Judiciary, Chapter 581, Statutes of 1998) authorized the court, at any other period of time, other than after the filing of an inventory and appraisal not filed before the expiration of 90 days from the issuance of letters, and as the court for good cause orders, to issue an order fixing and allowing compensation to the guardian or conservator of the estate.

AB 1466 (Kaloogian, Chapter 730, Statutes of 1995) authorized a person, whose petition for appointment of a conservator was unsuccessful because a different conservator was appointed, to receive compensation and reimbursement for costs incurred in the conservatorship proceeding.

SB 1455 (Mello, Chapter 572, Statutes of 1992), among other things, extended the ability of a guardian or conservator of the estate or person to file a petition for an order fixing and allowing compensation, in the discretion of the court, for services rendered before the date of the order appointing the guardian or conservator.

AB 759 (Friedman, Chapter 79, Statutes of 1990) revised and recast the Probate Code and, among other things, authorized a guardian or conservator of a person or estate, and his or her attorney, to file a petition for an order fixing and allowing compensation for services rendered to that time.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 4/28/16)

Conference of California Bar Associations (source)

OPPOSITION: (Verified 4/28/16)

California Advocates for Nursing Home Reform

ARGUMENTS IN SUPPORT: The Conference of California Bar Associations (CCBA) argues that allowing a person who unsuccessfully petitions to have a third party appointed as conservator in a contested proceeding to receive reimbursement for costs and attorney’s fees, but denying the same possibility to a person whose petition is successful, is nonsensical and unfair. CCBA contends that the absence of specific authority for a successful petitioner to be reimbursed for expenses and attorney’s fees may discourage family members and other interested parties of limited means from seeking the best possible conservator for their loved ones. CCBA asserts that California should be encouraging people to seek appointment of the most qualified and capable conservators possible for their loved ones, and this bill removes an unnecessary and illogical impediment to this process.

ARGUMENTS IN OPPOSITION: California Advocates for Nursing Home Reform (CANHR) argues that this bill “would eliminate one of the very few remaining financial disincentives for filing for conservatorship in California. The bill permits compensation to third parties who neither want nor will take a role in the conservatorship. Such an arrangement could create a market for conservatorship ‘head hunters.’ The headhunters would actively search for older and disabled folks who arguably meet the criteria for conservatorship and then broker deals to file the petition on behalf of a family member, friend, or professional fiduciary, and get paid for their time. This would add yet another person into the conservatorship system the conservatee will have to pay for – without their consent. At some point, we need to say enough is enough. SB 929 adds further deprivation to conservatees in California. We are troubled by the bill’s provision that would give third party petitioners a financial incentive to seek conservatorships with little regard to whether the conservatorship will be granted.”

Prepared by:

4/29/16 12:39:22

**** END ****

SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2015-2016 Regular Session

Bill No: SB 929 (Author:Vidak)

Version: April 7, 2016

Hearing Date: April 26, 2016

Fiscal: No

Urgency: No

Consultant: TMW

SUBJECT

Conservator appointments: compensation

DESCRIPTION

This bill would authorize a person, who has successfully petitioned for the appointment of a third-party conservator, and the person’s attorney, to petition the court for an order fixing and allowing compensation for services rendered and reimbursement for costs incurred in connection with the appointment of the conservator. This bill would provide that any compensation and costs shall be charged to the conservatee’s estate.

BACKGROUND

In California, if an adult is unable to manage his or her financial matters, a conservator of the estate may be appointed by a court to manage the adult’s (conservatee) financial matters. If the adult is unable to manage his or her medical and personal decisions, a conservator of the person may be appointed. Similarly, a guardian of the estate or person may be appointed for a minor child (ward).

After the guardian or conservator has been appointed, the guardian or conservator of the estate or person, and his or her attorney, may petition the court for an order fixing and allowing compensation for services rendered up to that time, which may include compensation for services rendered before the date of the order appointing the guardian or conservator. Further, a person, who unsuccessfully petitioned for the appointment of a conservator because a different conservator was appointed, may petition the court for an order fixing and allowing compensation and reimbursement of the person’s costs in filing the petition for conservator. In that case, the court must find that the petition was brought in the best interests of the conservatee, and the compensation and fees awarded are charged to the ward’s or conservatee’s estate.

This bill is identical to SB 269 (Vidak, 2015), which passed out of this Committee on a vote of 6-0 but was gutted and amended in the Assembly, under a new author, to provide relief to small businesses with respect to construction-related accessibility litigation and to encourage compliance with construction-related accessibility standards.

This bill would also authorize a person, who successfully petitions for the appointment of a third-party conservator, and the person’s attorney, to petition the court for payment of the fees and costs incurred in filing the petition for conservator.

CHANGES TO EXISTING LAW

Existing law permits the guardian or conservator of the estate, at any time after the filing of the inventory and appraisal of the ward’s or conservatee’s estate, 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, to petition the court for an order fixing and allowing compensation to, among others, the guardian or conservator of the estate or person, or both, and the guardian’s or conservator’s attorney. (Prob. Code Sec. 2640(a).)

Existing law requires the guardian or conservator to provide to interested parties, as specified, notice of the hearing on the petition for compensation. (Prob. Code Sec. 2640(b).)

Existing law authorizes the court, upon the hearing, to 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. (Prob. Code Sec. 2640(c).)

Existing law provides that 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, and the compensation allowed is charged against the guardian’s or conservatee’s estate. (Prob. Code Sec. 2640(c).)

Existing law prohibits the guardian or conservator from being 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. (Prob. Code Sec. 2640(d).)

Existing law authorizes a person who 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, provided that the court determines that the petition was filed in the best interests of the conservatee. (Prob. Code Sec. 2640.1.)

Existing law authorizes a guardian or conservator of the person to petition the court for an order fixing and allowing compensation for services rendered to that time. (Prob. Code Sec. 2641(a).)

Existing law authorizes the court, upon a hearing and after determining that a guardian’s or conservator’s petition for compensation is just and reasonable, to award to the guardian or conservator of the person fees and costs for services rendered. (Prob. Code Sec. 2641(a).)

Existing law authorizes, in the discretion of the court, for the guardian or conservator of the person to receive compensation for services rendered before the date of the order appointing the guardian or conservator, and provides that compensation is charged against the guardian’s or conservatee’s estate. (Prob. Code Sec. 2641(b).)

Existing law prohibits compensation from the estate to the guardian or conservator 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. (Prob. Code Sec. 2641(c).)

Existing law also authorizes an attorney who has rendered legal services to the guardian or conservator of the person or estate or both to petition the court for an order fixing and allowing compensation for such services rendered to that time. (Prob. Code Sec. 2642(a).)

Existing law requires the court, upon the hearing, to make an order allowing such compensation as the court determines reasonable to the attorney for services rendered to the guardian or conservator, and the compensation is required to be charged against the ward’s or conservatee’s estate. (Prob. Code Sec. 2642(b).)

This bill would provide that when a conservator nominated by a third party is appointed by the court, but not before the expiration of 90 days from the issuance of letters, the person who has petitioned for the appointment of that conservator and that person’s attorney may petition the court for an order fixing and allowing compensation and reimbursement of costs.

This bill would require notice of the time and place of the hearing to be given, as specified, at least 15 days before the day of the hearing.

This bill would require the court to make an order to allow both of the following:

• any compensation or costs requested in the petition the court determines are just and reasonable to the person who petitioned for the appointment of a conservator for the person’s services rendered in connection with and to facilitate the appointment of the conservator, and costs incurred in connection therewith; and
• any compensation or costs requested in the petition the court determines are just and reasonable to the attorney for that person, for the attorney’s services rendered in connection with and to facilitate the appointment of the conservator, and costs incurred in connection therewith.

This bill would require any compensation and costs allowed to be charged to the conservatee’s estate.

This bill would provide that if a conservator of the estate is not appointed, but a conservator of the person is appointed, the compensation and costs allowed are to be ordered by the court to be paid from property belonging to the conservatee, whether held outright, in trust, or otherwise.

COMMENT

1. Stated need for the bill

The author writes:

Current law provides a hierarchical preference to certain individuals to become the conservator, which begin with the spouse and then works down through adult children, parents, and siblings. Individuals can also petition the court for the appointment of another conservator if they feel that another individual should act as the conservator.

Probate Code [Section] 2640 only authorizes reimbursement from the estate of the compensation, costs and attorney’s fees of a successful petitioner, on their own behalf, for appointment as estate conservator. Probate Code [Section] 2640.1 allows for the allowance of such compensation, costs, and fees to an unsuccessful petitioner for appointment as conservator.

But there is no provision allowing for compensation, costs, and fees for a successful petitioner for the appointment of a third person to act as the conservator. Without this authority for reimbursement of fees, family members and other interested parties may be discouraged, because of their own limited means, from petitioning to have a suitable conservator appointed.

SB 269 allows interested parties who are successful in their petition for appointment of another, more appropriate person as conservator, to recover compensation, reimbursement of attorneys’ fees and other costs incurred in connection with that petition.

2. Compensating the petitioner who is successful in appointing a conservator

Existing law authorizes the court to compensate the guardian or conservator of a person or estate, and his or her attorney, for fees and costs of services rendered up to the time of the petition for compensation, including the fees and costs incurred prior to the appointment of the guardian or conservator. Existing law also allows a person, who is unsuccessful at appointing a conservator because a different conservator is appointed, to petition the court for fees and costs relating to the conservatorship petition. This bill would extend that authority to a person who successfully petitions the court for the appointment of a third-party conservator.

The author argues that this bill would provide parity between those who are successful and those who are not successful in petitioning a probate court for the appointment of another person to act as a conservator for reimbursement of attorney’s fees and other costs associated with that petition. The Conference of California Bar Associations (CCBA), sponsor, provides the following example of the problem with existing law:

[I]n an original Petition for Conservatorship filed by the wife of the proposed conservatee, it is proposed that the wife be appointed to be conservator. Another interested person, such as the son of the proposed conservatee, may agree that a conservator is necessary but may disagree that the wife is the appropriate person to serve in that capacity. The son then files a Petition for Conservatorship requesting the appointment of a professional fiduciary. The Court agrees that the professional fiduciary should be appointed. The professional fiduciary is represented by other counsel. Even though the son was successful in having an appropriate fiduciary appointed as conservator, there is no statute which allows him to recover the cost of the petition for appointment of the conservator which was appointed by the court.

Notably, the wife, and her attorney, in that scenario could be compensated for fees and costs incurred in connection with the wife’s unsuccessful petition for appointment as conservator. CCBA argues that without the authority provided in this bill, “family members and other interested parties may be discouraged, because of their own limited means, from petitioning to have a suitable conservator appointed.

The issue of awarding compensation to a petitioner in a conservatorship case was discussed in Estate of Moore (1968) 258 Cal.App.2d 458. In that case, the Court of Appeal, Second Appellate District, pondered “whether in the absence of statutory authorization, one who in good faith initiates caretaker proceedings in which a guardian or conservator other than the initiator is appointed may be awarded his costs and counsel fees.” (Id. at p. 461.) The court, holding that the unsuccessful petitioner may be awarded costs and fees, reasoned that “[s]uch a petitioner performs a service to the disabled by notifying the court of the disabled’s condition and need for protection. If compensation were not available, responsible parties might be discouraged from initiating effective action and becoming parties to caretaker proceedings whose primary benefits accrue to other persons.” (Id.)

Although the Estate of Moore holding allowed the unsuccessful petitioner to be reimbursed for fees and costs, the court’s reasoning could also apply to the successful petitioner because the reasoning was based upon the public policy of reimbursing petitioners who bring to the court’s attention that an individual may need help through a conservatorship. The Estate of Moore holding has already been codified in Probate Code Section 2640.1, which authorizes the unsuccessful petitioner to be reimbursed for fees and costs. Existing law also already authorizes reimbursement to a petitioner who is, himself or herself, appointed as the conservator. (Prob. Code Secs. 2640, 2641.) This bill would extend the existing conservatorship fees and costs reimbursement to a petitioner who is successful at appointing a third-party conservator.

It is important to note that in order to be reimbursed for fees and costs associated with the conservatorship petition, existing law requires the unsuccessful petitioner to prove to the court that the conservatorship petition was brought in the best interests of the conservatee. This provision protects individuals, who are alleged to need a conservatorship but no conservatorship is warranted, from being required to pay the fees and costs of the unsuccessful petitioner. On the other hand, this bill would not require the court to find that the conservatorship petition was brought in the best interests of the conservatee because this bill would only apply to the petitioner who is successful at proving to the court that the conservatorship is necessary to protect the conservatee.

3. Compensating the successful petitioner’s attorney

Existing law authorizes the court to compensate the attorney for the guardian or conservator of a person or estate for the attorney’s fees and costs of services rendered up to the time of the petition for compensation, including the fees and costs incurred prior to the appointment of the guardian or conservator. (Prob. Code Secs. 2640, 2642.) The court is also authorized to award attorney’s fees and costs in connection with an unsuccessful conservatorship petition. (Prob. Code Sec. 2641.) In these cases, the court may only award reimbursement of reasonable attorney’s fees.

Similarly, this bill would authorize an award of attorney’s fees and costs incurred from bringing a successful conservatorship petition. The Estate of Moore court asserted its equitable authority to award attorney’s fees and costs incurred from filing an unsuccessful conservatorship petition because petitioners may otherwise be discouraged from acting to protect individuals in need. (Estate of Moore (1968) 258 Cal.App.2d 458, 463.) By permitting an award of attorney’s fees and costs, this bill would maintain the state’s policy of encouraging people to bring protective actions to the court’s attention. As with existing awards of attorney’s fees and costs, this bill would also only authorize an award of attorney’s fees and costs that are reasonable.

4. Opposition’s concerns

California Advocates for Nursing Home Reform (CANHR), in opposition, argues that this bill “would eliminate one of the very few remaining financial disincentives for filing for conservatorship in California. The bill permits compensation to third parties who neither want nor will take a role in the conservatorship. Such an arrangement could create a market for conservatorship ‘head hunters.’ The headhunters would actively search for older and disabled folks who arguably meet the criteria for conservatorship and then broker deals to file the petition on behalf of a family member, friend, or professional fiduciary, and get paid for their time. This would add yet another person into the conservatorship system the conservatee will have to pay for – without their consent. At some point, we need to say enough is enough. SB 929 adds further deprivation to conservatees in California. We are troubled by the bill’s provision that would give third party petitioners a financial incentive to seek conservatorships with little regard to whether the conservatorship will be granted.”

Support: None Known

Opposition: California Advocates for Nursing Home Reform

HISTORY

Source: Conference of California Bar Associations

Related Pending Legislation: None Known

Prior Legislation:

SB 269 (Roth, 2015) See Background.

AB 1363 (Jones, Ch. 493, Stats. 2006), the Omnibus Conservatorship and Guardianship Reform Act of 2006, among other things, required that a person, whose petition for appointment of a conservator is unsuccessful because a different conservator was appointed, and who petitions the court for an award of compensation of fees and costs associated with the conservatorship petition, must also prove that the unsuccessful petition to appoint a conservator was filed in the best interests of the conservatee. AB 1363 also prohibited the guardian or conservator of the estate from being 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.

AB 2801 (Committee on Judiciary, Ch. 581, Stats. 1998) authorized the court, at any other period of time, other than after the filing of an inventory and appraisal not filed before the expiration of 90 days from the issuance of letters, and as the court for good cause orders, to issue an order fixing and allowing compensation to the guardian or conservator of the estate.

AB 1466 (Kaloogian, Ch. 730, Stats. 1995) authorized a person, whose petition for appointment of a conservator was unsuccessful because a different conservator was appointed, to receive compensation and reimbursement for costs incurred in the conservatorship proceeding.

SB 1455 (Mello, Ch. 572, Stats. 1992), among other things, extended the ability of a guardian or conservator of the estate or person to file a petition for an order fixing and allowing compensation, in the discretion of the court, for services rendered before the date of the order appointing the guardian or conservator.

AB 759 (Friedman, Ch. 79, Stats. 1990) revised and recast the Probate Code and, among other things, authorized a guardian or conservator of a person or estate, and his or her attorney, to file a petition for an order fixing and allowing compensation for services rendered to that time.

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