reglab/housing_qa huggingface dataset:
CA Prob Code § 2640.1 (2021)
2021 California Code|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 2640.1.

2640.1.  (a) If a person has petitioned for the appointment of a particular conservator and another conservator was appointed while the petition was pending, but not before the expiration of 90 days from the issuance of letters, the person who petitioned for the appointment of a conservator but was not appointed and that person’s attorney may petition the court for an order fixing and allowing compensation and reimbursement of costs, provided that the court determines that the petition was filed in the best interests of the conservatee.(b) Notice of the hearing shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.(c) Upon the hearing, the court shall make an order to allow both of the following:(1) Any compensation or costs requested in the petition the court determines is just and reasonable to the person who petitioned for the appointment of a conservator but was not appointed, for his or her services rendered in connection with and to facilitate the appointment of a conservator, and costs incurred in connection therewith.(2) Any compensation or costs requested in the petition the court determines is just and reasonable to the attorney for that person, for his or her services rendered in connection with and to facilitate the appointment of a conservator, and costs incurred in connection therewith.Any compensation and costs allowed shall be charged to the estate of the conservatee. If a conservator of the estate is not appointed, but a conservator of the person is appointed, the compensation and costs allowed shall be ordered by the court to be paid from property belonging to the conservatee, whether held outright, in trust, or otherwise.(d) It is the intent of the Legislature for this section to have retroactive effect.(Amended by Stats. 2006, Ch. 493, Sec. 28. Effective January 1, 2007.)
CA Prob Code § 2641 (2021)
2021 California Code|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 2641.

2641.  (a) At any time permitted by Section 2640 and upon the notice therein prescribed, the guardian or conservator of the person may petition the court for an order fixing and allowing compensation for services in the best interest of the ward or conservatee rendered to that time.(b) Upon the hearing, the court shall make an order allowing any compensation the court determines is just and reasonable to the guardian or conservator of the person for services rendered in the best interest of the ward or conservatee. The compensation allowed to the guardian or conservator of the person may, in the discretion of the court, include compensation for services rendered before the date of the order appointing the guardian or conservator. The compensation allowed shall thereupon be charged against the estate.(c) (1) Notwithstanding subdivision (b), the guardian or conservator shall not be compensated from the estate for any costs or fees that the guardian or conservator incurred in unsuccessfully defending their fee request petition, opposing a petition, or any other unsuccessful request or action made by, or behalf of, the ward or conservatee.(2) If the court determines, by clear and convincing evidence, that the defense, opposition, or other action described in paragraph (1) was made in good faith, was based upon the best interest of the ward or conservatee, and did not harm the ward or conservatee, the court may reduce the compensation awarded for the costs or fees incurred instead of denying it completely. The court shall state the reasons for its determination in writing or on the record.(d) Notwithstanding subdivision (b), the guardian or conservator of the person shall not be compensated with any government benefits program moneys unless deemed by the court as necessary to sustain the support and maintenance of the ward or conservatee, but in no event may this exceed the amount permitted by federal laws and regulations.(Amended by Stats. 2021, Ch. 417, Sec. 25. (AB 1194) Effective January 1, 2022.)
CA Prob Code § 2642 (2021)
2021 California Code|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 2642.

2642.  (a) At any time permitted by Section 2640 and upon the notice therein prescribed, an attorney who has rendered legal services to the guardian or conservator of the person or estate or both, including services rendered under Section 2632, may petition the court for an order fixing and allowing compensation for such services rendered to that time. Legal services for which the attorney may petition the court for an order fixing and allowing compensation under this subdivision include those services rendered by any paralegal performing the legal 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.(b) Upon the hearing, the court shall make an order allowing such compensation as the court determines reasonable to the attorney for services rendered to the guardian or conservator. The compensation so allowed shall thereupon be charged against the estate.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 2643 (2021)
2021 California Code|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 2643.

2643.  (a) Except as provided in Section 2643.1, on petition by the guardian or conservator of the person or estate, or both, the court may by order authorize periodic payments on account to any one or more of the following persons for the services rendered by that person during the period covered by each payment:(1) The guardian of the person.(2) The guardian of the estate.(3) The conservator of the person.(4) The conservator of the estate.(5) The attorney for the guardian or conservator of the person or estate, or both.(b) Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.(c) The petition shall describe the services to be rendered on a periodic basis and the reason why authority to make periodic payments is requested. In fixing the amount of the periodic payment, the court shall take into account the services to be rendered on a periodic basis and the reasonable value of those services. The guardian or conservator of the estate may make the periodic payments authorized by the order only if the services described in the petition are actually rendered. The payments made pursuant to the order are subject to review by the court upon the next succeeding account of the guardian or conservator of the estate to determine that the services were actually rendered and that the amount paid on account was not unreasonable, and the court shall make an appropriate order if the court determines that the amount paid on account was either excessive or inadequate in view of the services actually rendered.(Amended by Stats. 2013, Ch. 248, Sec. 6. (AB 1339) Effective January 1, 2014.)
CA Prob Code § 2644 (2021)
2021 California Code|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 2644.

2644.  (a)  Where it is to the advantage, benefit, and best interest of the ward or conservatee or the estate, the guardian or conservator of the estate may contract with an attorney for a contingent fee for the attorney’s services in representing the ward or conservatee or the estate in connection with a matter that is of a type that is customarily the subject of a contingent fee contract, but such a contract is valid only if (1) the contract is made pursuant to an order of the court authorizing the guardian or conservator to execute the contract or (2) the contract is approved by order of the court.(b) To obtain an order under this section, the guardian or conservator shall file a petition with the court showing the advantage, benefit, and best interest to the ward or conservatee or the estate of the contingent fee contract. A copy of the contingent fee contract shall be attached to the petition.(c) Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.(d) As used in this section, “court” includes either of the following:(1) The court in which the guardianship or conservatorship proceeding is pending.(2) Where the contract is in connection with a matter in litigation, the court in which the litigation is pending.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 2645 (2021)
2021 California Code|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.

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.(Added by Stats. 1993, Ch. 293, Sec. 4. Effective January 1, 1994.)
CA Prob Code § 2646 (2021)
2021 California Code|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 2646.

2646.  In proceedings under this chapter, the court shall only determine fees that are payable from the estate of the ward or conservatee and not limit fees payable from other sources.(Added by Stats. 1995, Ch. 730, Sec. 6. Effective January 1, 1996.)
CA Prob Code § 2647 (2021)
2021 California Code|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 2647.

2647.  No attorney fees may be paid from the estate of the ward or conservatee without prior court order. The estate of the ward or conservatee is not obligated to pay attorney fees established by any engagement agreement or other contract until it has been approved by the court. This does not preclude an award of fees by the court pursuant to this chapter even if the contractual obligations are unenforceable pursuant to this section.(Added by Stats. 2007, Ch. 553, Sec. 24. Effective January 1, 2008.)
CA Prob Code § 2700 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP|CHAPTER 10 - Requests for Special Notice|Section 2700.

2700.  (a) At any time after the issuance of letters of guardianship or conservatorship, the ward, if over 14 years of age or the conservatee, the spouse of the ward or the spouse or domestic partner of the conservatee, any relative or creditor of the ward or conservatee, or any other interested person, in person or by attorney, may file with the court clerk a written request for special notice.(b) The request for special notice shall be so entitled and shall set forth the name of the person and the address to which notices shall be delivered pursuant to Section 1215.(c) Special notice may be requested of any one or more of the following matters:(1) Petitions filed in the guardianship or conservatorship proceeding.(2) Inventories and appraisals of property in the estate, including any supplemental inventories and appraisals.(3) Accounts of the guardian or conservator.(4) Proceedings for the final termination of the guardianship or conservatorship proceeding.(d) Special notice may be requested of:(1) Any one or more of the matters in subdivision (c) by describing the matter or matters.(2) All the matters in subdivision (c) by referring generally to “the matters described in subdivision (c) of Section 2700 of the Probate Code” or by using words of similar meaning.(e) A copy of the request shall be delivered pursuant to Section 1215 to the guardian or conservator or to the attorney for the guardian or conservator. If personally delivered, the request is effective when it is delivered. If mailed or electronically delivered, the request is effective when it is received.(f) If the original of the request is filed with the court clerk, it shall be accompanied by a written admission or proof of service.(Amended by Stats. 2017, Ch. 319, Sec. 52. (AB 976) Effective January 1, 2018.)
CA Prob Code § 2701 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP|CHAPTER 10 - Requests for Special Notice|Section 2701.

2701.  (a) A request for special notice may be modified or withdrawn in the same manner as provided for the making of the initial request.(b) A new request for special notice may be served and filed at any time as provided in the case of an initial request.(Amended by Stats. 2006, Ch. 493, Sec. 31. Effective January 1, 2007.)
CA Prob Code § 2702 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP|CHAPTER 10 - Requests for Special Notice|Section 2702.

2702.  (a) Unless the court makes an order dispensing with the notice, if a request has been made pursuant to this chapter for special notice of a hearing, the person filing the petition, account, or other paper shall give written notice pursuant to Section 1215 of the filing, together with a copy of the petition, account, or other paper, and the time and place set for the hearing, to the person named in the request at the address set forth in the request, at least 15 days before the time set for the hearing.(b) If a request has been made pursuant to this chapter for special notice of the filing of an inventory and appraisal of the estate or of the filing of any other paper that does not require a hearing, the inventory and appraisal or other paper shall be delivered pursuant to Section 1215 not later than 15 days after the inventory and appraisal or other paper is filed with the court.(Amended by Stats. 2017, Ch. 319, Sec. 53. (AB 976) Effective January 1, 2018.)
CA Prob Code § 2800 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP|CHAPTER 12 - Transfer of Personal Property out of State|Section 2800.

2800.  As used in this chapter, “foreign guardian or conservator” means a guardian, conservator, committee, or comparable fiduciary in another jurisdiction.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 2801 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP|CHAPTER 12 - Transfer of Personal Property out of State|Section 2801.

2801.  Subject to the limitations and requirements of this chapter, the court in which the guardianship of the estate or conservatorship of the estate is pending may order the transfer of some or all of the personal property of the estate to a foreign guardian or conservator in another jurisdiction outside this state where the ward or conservatee resides at the time the petition for the order authorizing the transfer is filed.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 2802 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP|CHAPTER 12 - Transfer of Personal Property out of State|Section 2802.

2802.  A petition for an order authorizing a transfer may be filed by any of the following:(a) The guardian of the estate or the conservator of the estate.(b) The ward or conservatee.(c) A foreign guardian or conservator.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 2803 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP|CHAPTER 12 - Transfer of Personal Property out of State|Section 2803.

2803.  The petition shall set forth all of the following:(a) The name and address of:(1) The foreign guardian or conservator, who may but need not be the guardian or conservator appointed in this state.(2) The ward or conservatee.(3) The guardian or conservator, so far as is known to the petitioner.(b) The names, ages, and addresses, so far as they are known to the petitioner, of the spouse of the ward or the spouse or domestic partner of the conservatee and of relatives of the ward or conservatee within the second degree.(c) A brief description of the character, condition, value, and location of the personal property sought to be transferred.(d) A statement whether the foreign guardian or conservator has agreed to accept the transfer of the property. If the foreign guardian or conservator has so agreed, the acceptance shall be attached as an exhibit to the petition or otherwise filed with the court.(e) A statement of the manner in which and by whom the foreign guardian or conservator was appointed.(f) A general statement of the qualifications of the foreign guardian or conservator.(g) The amount of bond, if any, of the foreign guardian or conservator.(h) A general statement of the nature and value of the property of the ward or conservatee already under the management or control of the foreign guardian or conservator.(i) The name of the court having jurisdiction of the foreign guardian or conservator or of the accounts of the foreign guardian or conservator or, if none, the court in which a proceeding may be had with respect to the guardianship or conservatorship if the property is transferred.(j) Whether there is any pending civil action in this state against the guardian or conservator, the ward or conservatee, or the estate.(k) A statement of the reasons for the transfer.(Amended by Stats. 2001, Ch. 893, Sec. 47. Effective January 1, 2002.)
CA Prob Code § 2804 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP|CHAPTER 12 - Transfer of Personal Property out of State|Section 2804.

2804.  At least 30 days before the hearing, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing and a copy of the petition to each person required to be listed in the petition at the address stated in the petition.(Amended by Stats. 2017, Ch. 319, Sec. 54. (AB 976) Effective January 1, 2018.)
CA Prob Code § 2805 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP|CHAPTER 12 - Transfer of Personal Property out of State|Section 2805.

2805.  Any of the following may appear and file written objections to the petition:(a) Any person required to be listed in the petition.(b) Any creditor of the ward or conservatee or of the estate.(c) The spouse of the ward or the spouse or domestic partner of the conservatee or any relative or friend of the ward or conservatee.(d) Any other interested person.(Amended by Stats. 2001, Ch. 893, Sec. 48. Effective January 1, 2002.)
CA Prob Code § 2806 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP|CHAPTER 12 - Transfer of Personal Property out of State|Section 2806.

2806.  The court may grant the petition and order the guardian or conservator to transfer some or all of the personal property of the estate to the foreign guardian or conservator if the court determines all of the following:(a) The transfer will promote the best interests of the ward or conservatee and the estate.(b) The substantial rights of creditors or claimants in this state will not be materially impaired by the transfer.(c) The foreign guardian or conservator is qualified, willing, and able to administer the property to be transferred.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 2807 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP|CHAPTER 12 - Transfer of Personal Property out of State|Section 2807.

2807.  If a transfer is ordered, the court may direct the manner of transfer and impose such terms and conditions as may be just.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 2808 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS|PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP|CHAPTER 12 - Transfer of Personal Property out of State|Section 2808.

2808.  (a) If the court’s order provides for the transfer of all of the property of the estate to the foreign guardian or conservator, the court, upon settlement of the final account, shall order the guardianship of the estate or the conservatorship of the estate terminated upon the filing with the clerk of the court of a receipt for the property executed by the foreign guardian or conservator.(b) Unless notice is waived, a copy of the final account of the guardian or conservator and of the petition for discharge, together with a notice of the hearing, shall be delivered pursuant to Section 1215 at least 30 days before the date of the hearing to all persons required to be listed in the petition for transfer, including the foreign guardian or conservator.(Amended by Stats. 2017, Ch. 319, Sec. 55. (AB 976) Effective January 1, 2018.)