California Appellate Tracker

Conservatorship of Brokken (2021)

March 15, 2021

Probate Code 2640.1 allows a trial court to award attorney fees against the estate of the conservatee and in favor of the person who petitioned for appointment of a conservator if the court appoints a conservator different from the one the petitioner requested. Here, however, the conservatorship petition was dismissed in a settlement before any conservator was appointed. In that situation, the statute does not authorize any award of fees. Conservatorship of Cornelius (2011) 200 Cal.App.4th 1198 is distinguishable, it allowed a fee award under Prob. Code 2641 after a temporary conservator was appointed, after which the petition was dismissed before appointment of a permanent conservator. Here, no conservator was appointed at all, so no fees could be awarded.

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California Appellate Tracker

Conservatorship of Brokken (2021)

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