California Guardianship Fee Disclosure
Summary
Section 1510(b) of the California Probate Code allows the court to control a guardian or conservators actions, including removal. Section 1510(d) mandates that professional fiduciaries acting as guardians disclose their payment details and license information. If filing for temporary guardianship, they must explain their appointment process and relationship with the ward.Full Conversation
"(d) If the petitioner or proposed guardian is a professional fiduciary, as described in Section *, who is required to be licensed under the Professional Fiduciaries Act (Chapter * (commencing with Section *) of Division * of the Business and Professions Code), the petition shall include the following: (*) The petitioner's or proposed guardian's proposed hourly fee schedule or another statement of his or her proposed compensation from the estate of the proposed ward for services performed as a guardian. The petitioner's or proposed guardian's provision of a proposed hourly fee schedule or another statement of his or her proposed compensation, as required by this paragraph, shall not preclude a court from later reducing the petitioner's or proposed guardian's fees or other compensation.
(*) Unless a petition for appointment of a temporary guardian that contains the statements required by this paragraph is filed together with a petition for appointment of a guardian, both of the following:
(A) A statement of the petitioner's or proposed guardian's license information.
(B) A statement explaining who engaged the petitioner or proposed guardian or how the petitioner or proposed guardian was engaged to file the petition for appointment of a guardian or to agree to accept the appointment as guardian and what prior relationship the petitioner or proposed guardian had with the proposed ward or the proposed wards family or friends" what does this mean?
This section relates to a professional fiduciary acting as a guardian. It means:
- They must disclose their hourly rates or compensation from the ward's estate. The court can adjust these fees later.
- If they're filing a separate temporary guardianship petition, they must provide their license information and explain their relationship with the ward and who engaged them.
Do tou think you can simplify that Section for me please?
Sure, this section means:
- If a professional is appointed as a guardian, they must present their payment details.
- They must also provide their license info.
- If they're appointed temporarily, they should explain how they were appointed and their relationship with the ward.
Thank you
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