Compensation of Guardians

Probate Code Division 4, Part 4, Chapter 8 of the Probate Code concerns the compensation of guardians, conservators, and attorneys in this state.

Section 2640 provides that, 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 specified purposes.

Section 2640.1 says that, 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.

Section 2641 states that the guardian or conservator of the person may petition the court for an order fixing and allowing compensation for services in the best interest of the ward or conservatee rendered to that time.

Section 2642 provides that, at any time permitted and upon the notice prescribed, an attorney who has rendered legal services to the guardian or conservator of the person or estate or both 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 must set forth the hours spent and services performed by the paralegal.

Section 2643 provides that, 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 specified persons for the services rendered by that person during the period covered by each payment.

Section 2643.1 specifies that, on petition by a guardian or conservator of the person or estate, or both, who is a professional fiduciary, and who is required to be licensed, the court may by order authorize periodic payments on account to a person 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.

Section 2644 states that, 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. This type of contract is only valid if the contract is made pursuant to an order of the court authorizing the guardian or conservator to execute the contract or the contract is approved by order of the court.

Section 2645 specifies that no attorney who is a guardian or conservator is to 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.

Section 2647 provides that no attorney fees may be paid from the estate of the ward or conservatee without prior court order. The estate of the ward or conservatee is not obligated to pay attorney fees established by any engagement agreement or other contract until it has been approved by the court. This does not preclude an award of fees by the court pursuant to this chapter even if the contractual obligations are unenforceable pursuant to this section.