Conservatorship of A.B.
The court held that a trial court may not award compensation to a public guardian without independently applying the factors set forth in Probate Code § 2942(b)-including an assessment of the conservatee's actual financial circumstances-and may not delegate the decision to defer collection to the guardian, so the appellate court reversed the fee.
Date Filed: July 07, 2021
Case Name: Conservatorship of A.B.
Case Number: A160473
Court: California Court of Appeal, First Appellate District, Division Four
(‘The Court holds that a trial court may not award compensation to a public guardian without independently evaluating the factors listed in Probate Code §\u202f2942(b)—including the conservatee’s actual financial circumstances—and may not delegate the decision to defer collection to the guardian itself. Accordingly, the appellate court reverses the compensation order and remands for a new determination that the court, not the public guardian, decides whether the fee is “just and reasonable” and whether it would impose an economic hardship on the conservatee’s estate. This decision reinforces the court’s duty to scrutinize public‑guardian fees and protects conservatees with limited assets from unchecked fee awards.’, ‘114541cd’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.