 |
California Law (Last Updated: March 4, 2014) |
 |
Probate Code - PROB |
|
Division 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS |
|
Part 4. PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP |
|
Chapter 7. Inventory and Accounts |
|
ARTICLE 4. Accounts on Termination of Relationship |
Section 2632.
-
(a) As used in this section:
(1) "Incapacitated" means lack of capacity to serve as guardian or conservator.
(2) "Legal representative" means the personal representative of a deceased guardian or conservator or the conservator of the estate of an incapacitated guardian or conservator.
(b) If a guardian or conservator dies or becomes incapacitated and a legal representative is appointed for the deceased or incapacitated guardian or conservator, the legal representative shall, not later than 60 days after appointment unless the court extends the time, file an account of the administration of the deceased or incapacitated guardian or conservator.
(c) If a guardian or conservator dies or becomes incapacitated and no legal representative is appointed for the deceased or incapacitated guardian or conservator, or if the guardian or conservator absconds, the court may compel the attorney for the deceased, incapacitated, or absconding guardian or conservator or the attorney of record in the guardianship or conservatorship proceeding to file an account of the administration of the deceased, incapacitated, or absconding guardian or conservator.
(d) The legal representative or attorney shall exercise reasonable diligence in preparing an account under this section. Verification of the account may be made on information and belief. The court shall settle the account as in other cases. The court shall allow reasonable compensation to the legal representative or the attorney for preparing the account. The amount allowed shall be a charge against the estate that was being administered by the deceased, incapacitated, or absconding guardian or conservator. Legal services for which compensation shall be allowed to the attorney under this subdivision include those services rendered by any paralegal performing the 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.