Guardians and conservators: compensation: residence of conservatee.

(1) The Guardianship-Conservatorship Law (law) generally establishes the powers and duties of a guardian or conservator of a person, an estate, or both. The law authorizes the guardian or conservator to establish the residence of the ward or conservatee at any place within this state without the permission of the court, and requires the guardian or conservator to select the least restrictive appropriate residence that is available. The law presumes that the personal residence of the conservatee is the least restrictive appropriate residence for the conservatee, and provides that, in any hearing to determine if removal of the conservatee from their personal residence is appropriate, the presumption may be overcome by a preponderance of the evidence. This bill would instead provide the presumption may be overcome by clear and convincing evidence. (2) The law generally authorizes a conservator to sell the present or former residence of the conservatee, if the sale provides specified benefits and the guardian or conservator complies with applicable procedures and provides required notice. Existing law requires a conservator to notify the court of the proposed sale and provide specific information about the sale and the conservatee, including the benefits of selling the residence and whether the conservatee supports the sale or has the ability to live in their personal residence. Existing law authorizes the court to waive certain requirements imposed on a conservator selling the conservatee's residence, including requirements for an appraisal. This bill would require a conservator to notify the court of a sale of a present or former residence before the conservator commits any significant resources to the proposed sale, except as specified, and would further require the conservator to provide the court with additional information about the sale. The bill would authorize the sale of a conservatee's present or former personal residence only if the court finds by clear and convincing evidence that the conservator demonstrated a compelling need to sell the residence for the benefit of the conservatee. The bill would delete the authority of a court to waive certain requirements for a sale, including the requirement for a conservator to obtain an appraisal. (3) The law authorizes a guardian or conservator of the estate or person to petition the court for an order to compensate their services or the services of the attorney to the guardian or conservator. Existing law requires the compensation to be reasonable and prohibits compensation to a guardian or conservator for any costs or fees incurred in unsuccessfully opposing a petition, or other request or action, made by or on behalf of the ward or conservatee, except as specified. This bill would prohibit compensation to a guardian, conservator, or attorney with any government benefits program moneys unless deemed by the court to be necessary to sustain the support and maintenance of the ward or conservatee.