Section 2640.1 Of Chapter 8. Compensation Of Guardian, Conservator, And Attorney From California Probate Code >> Division 4. >> Part 4. >> Chapter 8.
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, provided that the court
determines that the petition was filed in the best interests of the
conservatee.
(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 both
of the following:
(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.
(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.
Any compensation and costs allowed shall 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 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.