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 8. Compensation of Guardian, Conservator, and Attorney |
Section 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.