PROBATE CODE
SECTION 2640-2647




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 thereupon 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 the provisions of subdivision (c), the
guardian or conservator shall not be 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.



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.


2641.  (a) At any time permitted by Section 2640 and upon the notice
therein prescribed, the guardian or conservator of the person may
petition the court for an order fixing and allowing compensation for
services rendered to that time.
   (b) Upon the hearing, the court shall make an order allowing any
compensation the court determines is just and reasonable to the
guardian or conservator of the person for services rendered. The
compensation allowed to the guardian or conservator of the person
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 thereupon be
charged against the estate.
   (c) The guardian or conservator shall not be 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.



2642.  (a) At any time permitted by Section 2640 and upon the notice
therein prescribed, an attorney who has rendered legal services to
the guardian or conservator of the person or estate or both,
including services rendered under Section 2632, 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 shall set forth the hours spent and services performed
by the paralegal.
   (b) Upon the hearing, the court shall make an order allowing such
compensation as the court determines reasonable to the attorney for
services rendered to the guardian or conservator. The compensation so
allowed shall thereupon be charged against the estate.



2643.  (a) Except as provided in Section 2643.1, 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 following persons for the services rendered by that
person during the period covered by each payment:
   (1) The guardian of the person.
   (2) The guardian of the estate.
   (3) The conservator of the person.
   (4) The conservator of the estate.
   (5) The attorney for the guardian or conservator of the person or
estate, or both.
   (b) Notice of the hearing on the petition shall be given for the
period and in the manner provided in Chapter 3 (commencing with
Section 1460) of Part 1.
   (c) The petition shall describe the services to be rendered on a
periodic basis and the reason why authority to make periodic payments
is requested. 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. 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 are subject to review 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 not unreasonable, and the court shall make an appropriate
order if the court determines that the amount paid on account was
either excessive or inadequate in view of the services actually
rendered.


2643.1.  (a) On petition by a guardian or conservator of the person
or estate, or both, who is a professional fiduciary, as described in
Section 2340 and who is required to be licensed under the
Professional Fiduciaries Act (Chapter 6 (commencing with Section
6500) of Division 3 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 2643 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 2620 or, if the next succeeding account required by Section
2620 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 12 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 15 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.


2644.  (a)  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,
but such a contract is valid only if (1) the contract is made
pursuant to an order of the court authorizing the guardian or
conservator to execute the contract or (2) the contract is approved
by order of the court.
   (b) To obtain an order under this section, the guardian or
conservator shall file a petition with the court showing the
advantage, benefit, and best interest to the ward or conservatee or
the estate of the contingent fee contract. A copy of the contingent
fee contract shall be attached to the petition.
   (c) Notice of the hearing on the petition shall be given for the
period and in the manner provided in Chapter 3 (commencing with
Section 1460) of Part 1.
   (d) As used in this section, "court" includes either of the
following:
   (1) The court in which the guardianship or conservatorship
proceeding is pending.
   (2) Where the contract is in connection with a matter in
litigation, the court in which the litigation is pending.



2645.  (a) No attorney who is a guardian or conservator shall
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.
   (b) No parent, child, sibling, or spouse of a person who is a
guardian or conservator, and no law partnership or corporation whose
partner, shareholder, or employee is serving as a guardian or
conservator shall receive any compensation 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.
   (c) This section shall not apply if the guardian or conservator is
related by blood or marriage to, or is a cohabitant with, the ward
or conservatee.
   (d) After full disclosure of the relationships of all persons to
receive compensation for legal services under this section, the court
may, in its discretion and at any time, approve the right to that
compensation, including any time during the pendency of any of the
following orders:
   (1) An order appointing the guardian or conservator.
   (2) An order approving the general plan under Section 1831.
   (3) An order settling any account of the guardian or conservator.
   (4) An order approving a separate petition, with notice given
under Section 2581.



2646.  In proceedings under this chapter, the court shall only
determine fees that are payable from the estate of the ward or
conservatee and not limit fees payable from other sources.



2647.  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.