Conservatorship of Brokken
The court held that, under Probate Code § 2640.1, attorney-fee awards are permissible only when a conservator has both filed a petition and been formally appointed, thereby creating a conservatorship and a conservatee's estate, and therefore reversed the trial court's fee order because no conservatorship ever materialized.
Date Filed: March 15, 2021
Case Name: Conservatorship of Brokken
Case Number: B303898
Court: California Court of Appeal, Second Appellate District, Division Six
(‘The court decides whether attorney‑fee awards under Probate Code §\u202f2640.1 are available when a conservatorship never materializes. It holds that the statute’s plain language requires both a petition‑filed conservator and an actual conservatorship (and thus a conservatee’s estate) before fees may be awarded, so the trial court’s fee order is reversed. This ruling limits fee awards to cases in which a conservator is appointed, preventing parties from recovering counsel fees in dismissed or settled conservatorship petitions.’, ‘9fe44ca8’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.