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local probate rule 11

PROBATE RULE 11: CONSERVATORSHIPS

A. PETITION FOR APPOINTMENT OF CONSERVATOR
B. REFERRAL FOR INVESTIGATOR’S REPORT; TRANSMITTAL OF DOCUMENTS TO COURT INVESTIGATOR
C. NOTICE OF HEARING
D. DUTIES OF CONSERVATOR
E. ATTENDANCE AT THE HEARING
F. CONTESTED MATTERS
G. PURCHASE OF HANDBOOK AND VIEWING OF FILM
H. ORDER APPOINTING CONSERVATOR
I. FILING OF INVENTORY AND APPRAISAL
J. PLACEMENT AND LEVEL OF CARE ASSESSMENT FOR CONSERVATEE
K.. LETTERS OF CONSERVATORSHIP OF THE ESTATE
L. ACCOUNTINGS
M. SALE OF CONSERVATEE’S RESIDENCE
N. CHANGE OF ADDRESS OF CONSERVATOR OR CONSERVATEE
O. REMOVAL OF CONSERVATEE FROM CALIFORNIA
P. APPOINTMENT OF LIMITED CONSERVATOR FOR THE DEVELOPMENTALLY DISABLED
Q. REMOVAL OF CONSERVATORSHIP
R. TERMINATION OF CONSERVATORSHIP
S. DEATH OF CONSERVATEE
T. CONFIDENTIAL SUPPLEMENTAL INFORMATION
U. TEMPORARY CONSERVATORSHIPS
V,. PRIVATE PROFESSIONAL CONSERVATORS
W. CONSERVATEES’ TRUST
X. NOTICE TO COURT INVESTIGATIONS UNIT OF SUBSTITUTED JUDGMENT PETITIONS

A. PETITION FOR APPOINTMENT OF CONSERVATOR

(1) BONDS

Bond will ordinarily be required for the first year for the conservator of the estate, even though the conservatee has signed a nomination of conservator waiving bond. The provisions of Sections 4.C through 4.F of these rules apply to conservators. The amount of the bond must include one year's income from all sources of income of the conservatee, any sums required under Probate Code § 2320(c), and the fair market value of real property for conservators authorized to sell or encumber such property pursuant to Probate Code § 2590.

(Eff. 7/01/10)

(2) INDEPENDENT POWERS

A request for independent powers under Probate Codes §§ 2590 and 2591 will not be granted without specifying each power requested and the specific reasons for the need for each power requested.

(Eff. 1/01/08)

(3) MEDICAL TREATMENT POWER

A petition seeking authorization to give informed consent for medical treatment of a conservatee must be supported by an appropriate declaration on the Judicial Council form as described below, furnishing evidence required by Probate Code § 813, stating that there is no form of medical treatment for which the conservatee has the capacity to give consent and the reasons therefore and signed by a medical practitioner or licensed psychologist, which must be filed with the Court prior to the hearing. This form may be filed as an attachment to the Petition for Appointment of Conservator and served upon all persons who receive the Petition. If this form is not attached to the Petition, it must be served separately by mail or personally, at the option of petitioner, upon the proposed conservatee. The petitioner may designate the legal capacity form as confidential by attaching two Confidential Document Cover Sheets (Attachment PB-4003 ) to it at the time it is filed. It is required to use Judicial Council form GC-335 , "Capacity Declaration - Conservatorship," as described below:

(Eff. 1/01/09)

a. For a Conservatorship of the Person only, In Which No Dementia Powers Are Being Sought: California Rules of Court require the use of Judicial Council form GC-335  to provide the evidence necessary to support a finding by the Court that a conservatee lacks the capacity to give an informed consent for any form of medical treatment.

b. For a Conservatorship of the Person only, With Request for Dementia Powers: Attach Judicial Council form GC-335A  to Judicial Council form GC-335 .

(Eff. 7/01/04)

If the Petitioner is not able to obtain the cooperation of an authorized declarant to complete the Capacity Declaration form, petitioner or counsel may apply for an Ex Parte Order by submitting a completed Judicial Council form GC-333 , "Ex Parte Application for Order Authorizing Completion of Capacity Declaration - HIPAA," and also Judicial Council form GC-334 , "Ex Parte Order Re Completion of Capacity - HIPAA" to the Probate Counter Clerk for issuance. It is recommended to have the signed order certified.

(Eff. 1/01/06)

(4) FILING PROCEDURES FOR CONSERVATORSHIP/GUARDIANSHIP CALENDAR

All orders for appointment of conservator or guardian must be delivered to the Probate Examiner's office four court days prior to the date of the appointment hearing. All other papers (e.g., proofs of service) must be on file or delivered to the Probate Examiner's office by 4 p.m. on the Friday prior to the hearing.

(Eff. 1/01/09)

(5) EVIDENCE REQUIRED TO SUPPORT PETITION FOR CONSERVATORSHIP OF ESTATE OR PERSON AND ESTATE

(Eff. 1/01/09)

Because a Conservatorship of the Estate or of the Person and Estate is an adjudication that the conservatee lacks the legal capacity to enter into or make any transaction that binds the estate, a petitioner who seeks appointment of a conservator of the estate and is using a medical or psychological professional as declarant must submit a Judicial Council form GC-335 , "Capacity Declaration - Conservatorship" with Attachment PB-4015 , "Capacity Declaration - Conservatorship of the Estate Attachment" attached, to provide evidence establishing that the proposed conservatee suffers from a deficit in mental functions that significantly impairs the proposed conservatee's capacity to make decisions, consistent with the requirements of Probate Code § 811.

(Eff. 1/01/09)

If the petitioner who is not relying upon a medical or psychological professional to complete the Capacity Declaration wishes to seek appointment of a conservator of the estate, the petitioner must have a lay declarant complete the "Layperson's Declaration re Legal Capacity" (Attachment PB-4016 ).

(Eff. 7/01/06)

The Capacity Declaration may be filed as an attachment to the Petition for Appointment of Conservator and served upon all persons who receive the Petition. If the Capacity Declaration is not attached to the Petition, it must be served separately by mail or personally, at the discretion of the petitioner, upon the proposed conservatee. The petitioner may designate the legal capacity form as confidential by attaching one completed Confidential Document Cover Sheet (Attachment PB-4003 ) to it at the time it is filed.

(Eff. 7/01/12)

If the Petitioner is not able to obtain the cooperation of an authorized declarant to complete the Capacity Declaration form, petitioner or counsel may apply for an Ex Parte Order by submitting a completed Judicial Council form GC-333 , "Ex Parte Application for Order Authorizing Completion of Capacity Declaration - HIPAA," and also Judicial Council form GC-334 , "Ex Parte Order Re Completion of Capacity - HIPAA" to the Probate Counter Clerk for issuance. It is recommended to have the signed order certified.

(Eff. 1/01/06)

B. REFERRAL FOR INVESTIGATOR'S REPORT; TRANSMITTAL OF DOCUMENTS TO COURT INVESTIGATOR

A local form entitled "Referral for Investigator's Report--Conservatorship" (Attachment PB-4002 ) must be completed and signed under penalty of perjury by the proposed conservator and submitted at the time the petition is filed. This form shall be confidential. The proposed conservator shall submit with the referral a color photograph of the proposed conservatee.

(Eff. 7/01/12)

C. NOTICE OF HEARING

The petitioner should determine how much time will be required for any agency (e.g., Court Investigator's office, San Andreas Regional Center, etc.) to complete its report or evaluation and set the petition for hearing accordingly.

D. DUTIES OF CONSERVATOR

To assure that their duties and obligations are understood, all proposed conservators must file with the Court, before Letters of Conservatorship are issued, the Judicial Council form entitled "Duties of Conservator." The form may be signed and submitted prior to the date set for hearing. It is not necessary for proposed conservators to check boxes on page 4 of the form relating to acquisition of the handbook. See Section 11.G.

E. ATTENDANCE AT THE HEARING

The proposed conservatee, if located in California, must attend the hearing for appointment of a conservator unless:

(1) The proposed conservatee states to the Court Investigator that he or she approves both the conservatorship and the proposed conservator(s) and does not wish to attend; or

(2) The proposed conservatee states to the Court Investigator that he or she objects either to the conservatorship or the proposed conservator but chooses not to attend; or

(Eff. 1/01/09)

(3) Judicial Council form GC-335 , indicating a medical inability to attend, has been filed. When filing a Judicial Council form GC-335  to provide evidence of a medical inability to attend, such reasons as "senility," "hard of hearing," or "confused" are insufficient. Any condition that would result in pain or potential medical harm to the conservatee is acceptable, as is incontinence.

(Eff. 1/01/09)

If the Petitioner is not able to obtain the cooperation of an authorized declarant to complete the Capacity Declaration form, petitioner or counsel may apply for an Ex Parte Order by submitting a completed Judicial Council form GC-333 , "Ex Parte Application for Order Authorizing Completion of Capacity Declaration - HIPAA," and also Judicial Council form GC-334 , "Ex Parte Order Re Completion of Capacity - HIPAA" to the Probate Counter Clerk for issuance. It is recommended to have the signed order certified.

(Eff. 1/01/06)

If the petitioner is represented by an attorney, the attorney must always attend the hearing.

If the proceeding is for the establishment of a limited conservatorship, the proposed conservatee should arrive one-half hour before the hearing to be interviewed by the Public Defender.

(Eff. 7/01/02)

F. CONTESTED MATTERS

When a party becomes aware that a matter will be contested, that party must advise the Court of the estimated time necessary to hear the matter.

The Court's primary concern is the health and welfare of the conservatee. Parties in a contested matter should be prepared to proceed on the day set for hearing. The Court will ordinarily hear brief testimony of the objecting parties and render a decision forthwith.

G. PURCHASE OF HANDBOOK AND VIEWING OF FILM

Before letters of conservatorship are issued, all conservators (except corporate or institutional conservators) must obtain a copy of the Handbook for Conservators published by the Judicial Council of California and view a film on the duties and responsibilities of a conservator. Proper proof of the purchase of the handbook and attendance of the film viewing will be required. The handbook and local supplement will be available for purchase at the probate clerk's office. The cost of the handbook may be reimbursed from the conservatorship estate.

Viewing of the film is free of charge and is scheduled at the courthouse on the day of the hearing to appoint conservator. A conservator who resides out of the County of Santa Clara may arrange with his/her attorney to view the film through the attorney's office, or may make arrangements to view the film through the Court Investigation office of the conservator's county of residence.

H. ORDER APPOINTING CONSERVATOR

On the Judicial Council form entitled "Order Appointing Probate Conservator," paragraphs 7 and 21 concerning ability to vote should be left blank. The Court will make its own determination at the hearing based upon the Court Investigator's report. Paragraphs 9 and 20 concerning fees refer only to Court-appointed counsel for the conservatee. These paragraphs do not apply to the attorney for the conservator. In all cases, the following information should be inserted at paragraph 11: Court Investigations Unit, 191 North First Street, San Jose, California 95113, telephone (408) 882-2761.

(Eff. 7/01/07)

I. FILING OF INVENTORY AND APPRAISAL

The Inventory and Appraisal and the Notice of How to File an Objection must be filed and served within 90 days of appointment pursuant to Probate Code § 2610. A copy must also be served on the Court Investigator. Where the conservatorship estate consists of community property managed by a nonconservatee spouse or registered domestic partner, who either is or is not the conservator, the community property is not administered as part of the conservatorship estate, should not be part of the inventory, and should not be accounted for. See Probate Code § 3051.

(Eff. 1/01/08)

At the time of appointment, the Court will set a compliance review appointment 94 calendar days after the appointment to confirm that the Inventory and Appraisal and Notice of How to File an Objection have been filed and served. If the Inventory and Appraisal is not on file at that time, the Court may issue an order to produce the Inventory and Appraisal, which will be served by certified mail on the conservator and on the attorney for the conservator.

(Eff. 7/01/08)

J. PLACEMENT AND LEVEL OF CARE ASSESSMENT FOR CONSERVATEE

An evaluation of level of care of the conservatee in compliance with Probate Code § 2352.5 shall be filed by the conservator within 60 days of appointment. The evaluation shall be filed on the Judicial Council form GC-355  entitled " Determination of Conservatee's Appropriate Level of Care (P.C.§ 2352.5).” A copy must also be served on the Court Investigator.

(Eff. 7/01/12)

At the time of appointment, the Court will issue an order requiring the conservator to file the evaluation and set a compliance review approximately 64 calendar days after the appointment to confirm that the evaluation has been filed. If the evaluation has not been filed, the Court may issue an order to produce the evaluation, which will be served by certified mail on the conservator and on the attorney for the conservator.

(Eff. 1/01/12)

K. LETTERS OF CONSERVATORSHIP OF THE ESTATE

The conservator is advised to record letters of conservatorship of the estate in any county where real property belonging to the conservatee is located. (Probate Code § 1875.)

L. ACCOUNTINGS: REFERRAL TO COURT INVESTIGATOR

At the time of filing of the conservator's accounting, a "Referral For Court Investigator" form (Attachment PB-4002 ) must be submitted, with the notice of hearing and the original accounting, for review by the Court Investigator. See also Section 9.A.(1) and (2) on the format of accountings and on accounting compliance dates.

(Eff. 7/01/12)

M. SALE OF CONSERVATEE'S RESIDENCE

The sale of the conservatee's residence (including a mobile home) will not be approved by the Court until a Court Investigator's report showing the necessity for the sale is on file. The conservator must file a declaration complying with Probate Code §2540(b) whenever the conservator seeks authorization to sell the conservatee's present or former personal residence. The required form (Attachment PB-4002 ) shall be submitted with the notice of hearing and the required declaration.

(Eff. 7/01/12)

Sale of the residence must comply with the procedures required for sale of real or personal property and Probate Code § 2591.5.

(Eff. 1/01/08)

N. CHANGE OF RESIDENCE OF CONSERVATOR OR CONSERVATEE

When the address of the conservatee will be changed, the Pre-move Notice of Proposed Change of Personal Residence of Conservatee or Ward (Judicial Council form GC-079 ), and also the Post-Move Notice of Change of Residence of Conservatee or Ward (Judicial Council form GC-080 ) must be filed with the Court. This is in addition to the Notice requirements of Probate Code § 2352 and CRC 7.1063.

(Eff. 7/01/12)

When the address of the conservator will be changed, the Notification of Change of Address of Conservator/Guardian (Attachment PB-4047 ) must be filed with the Court .

(Eff. 7/01/12)

O. REMOVAL OF CONSERVATEE FROM CALIFORNIA

A conservatee who is under a conservatorship of the person and who is a California resident may be moved from California only upon first obtaining the permission of the Court. Unless a longer period is otherwise specified by the Court, the conservatee must be returned to California within four months unless a conservatorship proceeding (or its equivalent) is commenced in the place of the new residence. If a conservatee is not returned to California, the conservator must file a declaration showing proof of the establishment of the conservatorship (or its equivalent) in the new jurisdiction. (See Probate Code § 2352.) Petitioner must submit with the local form entitled “Referral for Court Investigator” (Attachment PB-4002 ), the notice of hearing and the original petition to move a conservatee from California, for review by the Court Investigator.

(Eff. 7/01/12)

P. APPOINTMENT OF LIMITED CONSERVATOR FOR THE DEVELOPMENTALLY DISABLED

If the requested conservatorship is for a developmentally disabled adult, the proceedings must comply with the limited conservatorship code sections, even though the petition requests establishment of a general conservatorship as an alternative.

A copy of the notice of hearing and the petition must be sent to the Public Defender assigned to the conservatorship calendar and to the appropriate Regional Center. The addresses for the local agencies are:

Probate Deputy   San Andreas Regional Center
Office of the Public Defender   Attn: Regional Center Psychologist
120 W. Mission Street   P.O. Box 50002
San Jose, California 95110   San Jose, California 95150

Q. REMOVAL OF CONSERVATOR

Individuals requesting removal of a conservator may petition the Court for an order for removal. The petitioner may use the local form entitled Petition to Remove Conservator (Attachment PB-4040 ). Anyone objecting to a petition to remove the conservator may use the local form entitled Objection to Petition to Remove Conservator (Attachment PB-4035 ).

(Eff. 1/01/08)

R. TERMINATION OF CONSERVATORSHIP

Petitioner must submit with the local form entitled "Referral for Court Investigator - Conservatorship" (Attachment PB-4002 ) the notice of hearing and the original petition to terminate a conservatorship, for review by the Court Investigator.

(Eff. 7/01/12)

Upon termination of a conservatorship, all claims filed by the Court Investigator's unit for its services, unless waived, must be paid before the Court will sign an order settling the final account. See CRC 7.1052 and 7.1054.

(Eff. 7/01/04)
 

S. DEATH OF CONSERVATEE

(1) TERMINATION UPON DEATH WHEN ACCOUNT IS DUE

Upon the death of the conservatee, the conservator shall turn over the conservatee’s assets to the appointed personal representative or, if none, to the person or persons entitled thereto, less a reasonable reserve for closing expenses and attorney and conservator fees.

(Eff. 7/01/05)

The conservator's final account shall include an account for the period ending on the date of death of the conservatee, and shall show all property on hand as of the date of death of the conservatee. Additionally, pursuant to Probate Code §  2620(b), a supplemental accounting, to be incorporated in the final account and report, shall reflect all post-death transactions and show property on hand as of the filing of the accounting. If a personal representative has been appointed in a probate proceeding following the death of the conservatee, then the probate case number must be set forth in the final report and account.

(Eff. 1/01/09)

(2) TERMINATION UPON DEATH WHEN NO ACCOUNT IS DUE

Upon the death of the conservatee, if no account is due, the conservator must file a notice of death of conservatee with a photocopy of the conservatee's death certificate attached.

(Eff. 7/01/12)

T. CONFIDENTIAL SUPPLEMENTAL INFORMATION

(Eff. 1/01/09)

The supplemental information required of conservators by Probate Code § 1821(a) at appointment must be filed on Judicial Council form GC-312  ("Confidential Supplemental Information") separately from the petition and must have a completed Confidential Document Cover Sheet (Attachment PB-4003 ) attached. This Confidential Supplemental Information form must be verified (Probate Code § 1021).

(Eff. 7/01/12)

U. TEMPORARY CONSERVATORSHIPS

(1) PETITION FOR APPOINTMENT

The petition for appointment of a temporary conservator may be filed only with or after the filing of a petition for appointment of a permanent conservator. The petition must state facts establishing the urgency requiring the appointment of a temporary conservator. A situation requiring immediate action to protect the health, welfare, or the estate of the proposed conservatee will be sufficient. Ordinarily, a situation requiring immediate action constitutes good cause.

(Eff. 1/01/08)

(2) IMMEDIATE NOTIFICATION OF COURT INVESTIGATOR

Petitioner or petitioner's attorney should contact the Court Investigator's Office at (408) 882-2761  as soon as possible when it appears that a temporary conservatorship may be requested in order that the Investigator can begin the investigation and report necessary for the appointment of a temporary conservator.

(Eff. 1/01/09)

(3) PRIOR REVIEW OF PETITION

All petitions for a temporary conservatorship must be presented to the Probate Examiner's office for review before presentation to the Court.

(4) NOTICE

Since a petition for temporary conservatorship is ordinarily filed only in cases requiring immediate action, the Court may dispense with the five-day notice requirement. Petitioner must comply with the requirements of CRC 7.1062. If notice is dispensed with by the Court, the petition may be heard on an ex parte basis.

(Eff. 7/01/08)

(5) LETTERS OF TEMPORARY CONSERVATORSHIP

Letters of temporary conservatorship expire on the appointment of a general conservator. Letters of temporary conservatorship should be recorded in counties where conservatees possess real property. (See Probate Code § 1875.) When the temporary conservator will come into possession of personal property of the conservatee, bond as provided in Rule 11.A.(1) of these rules must be posted before temporary letters of conservatorship of the estate can be issued.

(Eff. 7/01/07)

(6) POWERS OF TEMPORARY CONSERVATOR

The temporary conservator has only those powers allowed by the Probate Code or specifically granted by the Court. The Court generally grants only the powers necessary to meet the situation that has caused the application for a temporary conservatorship. There is no provision in the law for granting exclusive medical powers under a temporary conservatorship, absent a hearing for a grant of powers under Probate Code §1880, et seq. A temporary conservator may also seek authorization to give consent for treatment under Probate Code § 2357. The Court requires that there be a grant of exclusive medical powers under section 1880 for there to be a grant of powers under Probate Code § 2356.5.

(Eff. 7/26/00)

(7) CHANGE OF RESIDENCE OF TEMPORARY CONSERVATEE

When the residence of a temporary conservatee is proposed to be changed, the hearing must be calendared for the first Tuesday afternoon conservatorship appointment calendar following the date of filing of the petition. A "Referral for Court Investigator - Conservatorship" form (Attachment PB-4002 ) must be submitted with the notice of hearing and the original petition for review by the Court Investigator. See Probate Code § 2253.

(Eff. 7/01/12)

V. PRIVATE PROFESSIONAL CONSERVATORS

(1) APPOINTMENT OF PROFESSIONAL FIDUCIARY AS CONSERVATOR

(Eff. 1/01/09)

A person seeking appointment as a professional conservator must be licensed as a professional fiduciary as defined in Business & Professions Code §§ 6500 et seq. before the Superior Court can make such appointment. All pleadings filed by a professional fiduciary must include the fiduciary's license number as issued by the Professional Fiduciary Bureau.

(Eff. 1/01/09)

(2) DISCLOSURE OF FEE SCHEDULE

At the time a private professional conservator is nominated to serve as conservator, the petitioner must attach the private professional's fee schedule to the petition for appointment of conservator and must serve the fee schedule as part of the petition on all persons entitled to notice under Probate Code § 1822 and to the Court Investigator. If the Court appoints a private professional fiduciary who was not nominated in the petition as a temporary conservator, the private professional must attach his/her fee schedule to the order appointing temporary conservator at the time the order is filed with the Court and must mail a copy of the fee schedule to all persons entitled to notice under Probate Code § 1822 and also to the Court Investigator.

(Eff. 1/01/13)

The fee schedule shall not contain:

(a) Additional compensation, either in terms of a percentage or a standard monthly charge, for undesignated miscellaneous overhead or administrative expenses, or “start-up fees;”

(Eff. 1/01/14)

(b) Charges made to the conservatee’s estate for time spent in clarifying or explaining billing entries to the Court, for which minimal or incomplete information, in the judgment of the Court, was initially provided;

(c) Increased hourly rates for conservatorship-related “litigation support;”

(Eff. 1/01/13)

(d) Compensation in the form of a percentage of the sale price of a conservatee’s real property, either in lieu of, or in addition to, hourly charges for services performed in connection with such sale; or,

(Eff. 1/01/14)

(e) Fees based upon a percentage of the valuation of the Conservatee’s estate which exceed the private professional fiduciary’s maximum hourly rate.

(Eff. 1/01/14)

(3) FILING OF ESTIMATED FEES; COMPLIANCE HEARING; AND, MONTHLY BILLING STATEMENTS

Within 60 days from the date of the appointment, the private professional conservator shall file with the Court a plan of estimated fees of the private professional conservator, his or her staff, and his or her counsel, to cover the first year of the conservatorship, which includes the conservatee’s anticipated annual income and expenses, and to serve a copy of the plan of estimated fees, along with notification of the date and time of the review hearing, and the time in which to file objections or concerns as to the estimated fees, on all persons entitled to notice of the original petition under Probate Code § 1822, the Court Investigator, and any persons who have requested special notice.

The Court shall set a date not more than 94 calendar days after the appointment for a review hearing, at which time the Court will address any objections or concerns as to such estimated fees. If no written objections are received within 10 days prior to the review hearing, no appearance is necessary. However, despite the lack of a timely written objection being received, should someone appear at the review hearing and make an objection, or if the Court has concerns of its own as to the reasonableness of the hourly rates charged for varying levels of service, the Court shall continue the review hearing and notify all parties accordingly. The plan of estimated fees is not binding upon the conservatee, his or her estate, the conservator and/or counsel. All conservator fees and attorney fees are subject to review and approval by the Court, pursuant to Probate Code § 2640 et seq., the standards for determining just and reasonable compensation at CRC 7.756, and the Court’s assessment of the extent of any “Cost-Benefit” analysis that was undertaken by the private professional prior to engaging in any activities on behalf of the conservatee.

At the end of the first full calendar month following appointment and continuing at the end of each month thereafter, the private professional conservator shall mail a billing statement for that month itemizing all services provided to the conservatee, and all charges related thereto, to the conservatee (unless, in the opinion of the private professional conservator, receipt of such by the conservatee would be harmful to the conservatee’s state of mind) or his or her attorney, the conservatee’s spouse or domestic partner, his or her parents, his or her adult children, the Court Investigator, and any persons who have requested special notice. (This monthly billing requirement is not imposed on those private professionals performing conservatee services pro bono, or for any month where that month's billing for services does not exceed two times the private professional's maximum hourly billing rate.) Such billing statements shall be clearly marked, “For Informational Purposes Only.” Alternatively, the private professional conservator can provide to such persons “secured” access to this information by means of computer or other electronic device.

If the following conditions are met:

(a) There are no objections to the plan of estimated fees; or

(b) If objections to such plan were, in the opinion of the Court, adequately addressed; and,

(c) Objections as to the fee’s appropriateness are not made as to a monthly statement within 20 days following that statement’s mailing,

forty (40%) percent of the monthly statement is immediately payable by the conservatee’s estate to the private professional for said uncontested monthly billing statement without further petition at that time, other than the review by the Court upon the next succeeding account of the conservator, pursuant to Probate Code § 2643 (c), that such monthly “on account” payments were for services actually rendered, and were not unreasonable. The payment of the balance of these fees are to be made by noticed petition pursuant to Probate Code § 2640, which petition shall, among other things, include a statement as the current size and nature of the conservatee’s estate.

(4) PRIVATE FIDUCIARY CONSERVATOR RATE GUIDELINES

In applying the non-exclusive standards for determining just and reasonable compensation set forth at CRC 7.756, and recognizing that CRC 7.756(c) provides that such standards are “not authority for a court to set an inflexible maximum or minimum compensation or a maximum approved hourly rate for compensation,” the following periodically reviewed guideline rates are customarily allowed for private fiduciary conservator compensation:

(Eff.1/01/14)

(a) From $115.00 to $170.00 per hour for professional services;

(Eff. 1/01/14)

(b) Up to $100.00 per hour for case management workers employed by the private fiduciary; and,

(c) $25.00 to $55.00 per hour for routine services rendered by the professional fiduciary or his or her staff (for example, office filing, collecting and opening mail, paying routine household bills, computer entry input, and when the conservatee is not accompanying the conservator, tending to the conservatee’s personal needs and grocery shopping.)

(Eff. 1/01/14)

In addition to periodic rate reviews, the Court will consider requests for compensation rates greater than the guideline rates based upon all relevant factors presented in a detailed supporting declaration that can include, but are not limited to, special expertise applicable to the services provided, circumstances of the service, relationship to the conservatee, extreme family conflict dynamics, and financial and investment complexity and enhanced liability exposure.

(Eff. 1/01/14)

W. CONSERVATEES’ TRUSTS

(1) When a conservator or some other person seeks an order under the doctrine of substituted judgment to create a trust that contains assets of the conservatee, the petition should provide detailed information demonstrating that the proposed trustee is qualified to be appointed as a trustee of the trust. In addition, the proposed trust must comply with all provisions required in CRC 7.903, including but not limited to requiring a bond for the trustee and periodic accountings to the Court. The proposed trust should be attached to the petition as an exhibit. At the time of filing of the trustee's accounting, a "Referral for Court Investigator - Conservatorship'" form (Attachment PB-4002 ) must be submitted, with the notice of hearing and the proposed trust for review by the Court Investigator. See also Section 9.A. (1) and (2) on the format of accountings and on accounting compliance dates.

(Eff. 7/01/12)

If the conservator of the estate is named trustee, the conservator may elect to treat the trust estate as part of the conservatorship estate for purposes of bond and accounting and shall not be required to post a separate bond as trustee. The trustee must file the trust, the court order approving establishment of the trust, and the trustee's bond, if applicable, in a new file with a probate file number, and the filing should take place within 30 days after court approval of the trust. The trust may be filed as a confidential document by attaching one copy of the Confidential Document Cover Sheet (Attachment PB-4003 ).

(Eff. 7/01/12)

(2) When a conservator or some other person seeks appointment of a successor trustee of the conservatee's existing living trust, the Court may require the successor trustee to post a bond, place the trust under court supervision, and provide accountings for the trust parallel to the accounting schedule of the conservatorship. In such case, the trustee must file the trust, the court order approving the trust, and the bond, in a new file with a probate file number, and the filing should take place within 30 days after court approval of the appointment of the successor trustee, as the case may be. The trust may be filed as a confidential document by attaching one copy of  the Confidential Document Cover Sheet (Attachment PB-4003 ).

(Eff. 7/01/12)

X. NOTICE TO COURT INVESTIGATIONS UNIT OF SUBSTITUTED JUDGMENT PETITIONS

At the time of filing of a petition for substituted judgment "Referral for Court Investigator - Conservatorship" (Attachment PB-4002) must be submitted with the notice of hearing and the original petition for review by the Court Investigator.

(Eff. 7/01/12)




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