Competing Petition Did Not Facilitate Appointment Of A Conservator Under Probate Code Section 2640(c).
Conservatorship of Ireland, Case No. B276915 (2d Dist., Div. 1 Oct. 31, 2017) (unpublished) involved a situation where two sons (Dana and John) filed competing conservatorship petitions for conservatorship of their mother after Dana had been appointed temporary conservator. The court named Dana conservator of the person and estate of mother, but eventually ordered the estate to pay attorney’s fees and costs to John to reimburse him for the expenses of filing his petition. John was awarded fees and costs of $39,966.63 out of a requested $77,707.13.
The Second District, Division 1 reversed the fee/costs award as a matter of law.
The reason for the reversal is the record showed that John’s actions, even if done with good intentions, did not “facilitate the appointment of a conservator” under Probate Code sections 2640.1(c)(1)-(2). Rather, Dana had been appointed temporary conservator earlier and was going to named conservator with or without John’s intervention. Instead, the combined costs of litigation—if John’s award would have been sustained—would have consumed 24% of the liquid assets of the estate, endangering the ability to pay continuing costs for Katherine and the needs of third son Lewis who was mentally disabled.
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