Reasonable compensation for services rendered by the professional conservator are an expense of administration of a conservatorship. After an inventory and appraisement has been filed, but not before the expiration of ninety days from the issuance of letters, the conservator of the estate or of the person may petition for his or her compensation. (Probate Code sections 2640, 2641.) T he court is allowed to authorize periodic payments of compensation to a conservator, but in making such an order is to take into account the services to be rendered on a periodic basis and their reasonable value. (Probate Code section 2643(c).) T hese periodic payments are "on account" and subject to review by the court in light of the services actually rendered.
T he conservator of the person and of the estate is entitled to a compensation which is based on what the court considers just and reasonable under the circumstances. (Probate Code section 2641.) Compensation is based on time spent, the nature of the services, and the value of those services to the conservatee.
T he court's experience in evaluating the services and arriving at appropriate compensation has led to a preference for a grouping of services into categories and itemization within those categories. On e suggested format follows. It is to be noted that the level of professional skill required varies depending on the service performed and, accordingly, the rate of compensation should also vary. For ex ample, a conservator should not be paid at the same hourly rate for providing transportation or assisting in shopping as he or she would receive for managing property or investing estate assets.
T h e following format is not mandatory but it can also be used by non-professionals in requesting compensation. T he format is not a substitute for narrative explanation.
STATEMENT O F SERVICES
CONSERVAT ORSHIP OF: ACCOUNT PERIOD:
From:
PROBAT E NO: T o:
I. INVEST IGAT ION SERVICES HOURS (Pre-Appointment) Case Referral Review . . . .
Client Interview . . . .
Family/Collateral Interview . . . .
Evaluate Alternatives . . . .
Discovery of Estate Assets . . . .
Physician Consult; Re: Functioning and Medical Consent Capacity . . . .
Develop History, Social, Preferences for Personal Care Plan . . . .
Ascertain Urgency of Estate Needs, Develop Preliminary Estate Plan . . . .
Complete Draft of Petition Report . . . .
Conference with Attorney; Re: Conservatorship, Need, Petitions and Representation . . . .
Notifications of Referral Dispositions . . . .
T OT AL T IME _____ II. INT AKE SERVICES (30-60 Days) (Pre-Appointment) Initial Visit . . . .
Placement . . . .
Medical Consent Matters . . . .
Develop Case Plan for Personal Services . . . .
Collateral/T elephone/Correspondence . . . .
Change Address . . . .
Notify Creditors . . . .
Cancel Credit Accounts . . . .
Letters/Payee Change to Income Sources . . . .
Correspondence/Asset Discovery . . . .
Open Conservatorship Bank Accounts . . . .
Set up Security Brokerage Accounts . . . .
Cursory House Search . . . .
Complete House Search . . . .
Property Safeguard/Marshalling . . . .
Property Disposition . . . .
Discovery of Assets to be Inventoried . . . .
Case Plan Consultations . . . . T OT AL T IME _____
III. PERSONAL SERVICES -
CONSERVAT ORSHIP OF PERSON
Personal Visits . . . .
Placements . . . .
Medical Consent Matters . . . .
Family/Collateral Contacts . . . .
Correspondence/T elephone Calls . . . .
Arrangements for Supplemental, Social, Medical Companion Services . . . .
Conservatee/Shopping/T ransportation . . . .
Ancillary Consults; Preparation of Case Plan - Forthcoming Year . . . .
T OT AL T IME _____ IV. EST AT E ADMINIST RAT ION SERVICES Estate Finance Review . . . .
Analysis of Eligibility/Application for Benefits . . . .
Case Budget Preparation . . . .
Review Stock Holdings, Reports, Confer with Broker . . . .
Marshalling Assets . . . .
Determine Need for Personal Property Disposition . . . .
Sell Property - Personal . . . .
Store Property/Other Disposition . . . .
Correspondence/T elephone Calls . . . .
Review/Process Medical Bills/Claims . . . .
Employee Payroll, T axes, Supervision . . . .
Review for Accounting/T ermination . . . .
Conference with CPA, T axes, Estate Planning . . . .
Select Investment, Reconcile Accounts . . . .
Establish Pre-Need Burial Arrangements . . . .
T OT AL T IME _____ V. BOOKKEEPING SERVICES A. RECEIPT ING OF FUNDS: I dentifying Incoming Checks/Cash as to reason for Payment an d Deposit with Bank. Receipt for Funds into Estate Account. _________ T ransactions at 15 Minutes per T ransaction . . . .
B. DISBURSING OF FUNDS: I den t ifying Incoming Bills, Review to Ensure Legitimacy of Payments as Billed, and Issue Check for Payments _________ T ransactions at 15 Minutes per T ransaction . . . .
T OT AL T IME _____ VI. PROPERT Y MANAGEMENT
Real Estate T itle Clearance . . . .
Obtain, Review, Preliminary T itle Report . . . .
Legal Compliance, Government Ordinance, Health and Safety . . . .
Verify/Obtain Insurance . . . .
Property Rentals . . . .
Property Management . . . .
Repairs and Maintenance . . . .
Processing Unlawful Detainers . . . .
Real Property Marketing (Arrange Publication, Locate Broker, Discuss Marketing, Follow Listing) . . . .
Review/Negotiate Offers to Purchase Real Property . . . .
Enter Contract to Sell . . . .
Open/Complete/Close Escrow . . . .
T OT AL T IME _____ VII. LEGAL/COURT REQUIRED/ST AT UT ORY SERVICES Assist or Prepare Petitions for Appointment, Sales of Real Property, Substituted Judgments, Accounts . . . .
Prepare Confidential Supplemental Information Report to Petition for Appointment Court Appearance T estimony . . . .
Obtain Medical Affidavits Arrange T ransportation of Proposed Conservatee . . . .
Apply for Estate Bond and Letters . . . .
Prepare Inventory Forms 200 and 200A . . . .
Prepare Case Plan and Initial Status Report . . . .
Prepare Annual Status Report . . . .
Prepare/Assist Preparation of Accounting and Related Schedules . . . .
Prepare Answers to Probate Notes, Objections and Supplemental Reports . . . .
Conferences and Correspondence with Attorneys . . . .
Review Attorney Petitions . . . .
T OT AL T IME _____ VIII. CLOSING EST AT E VIA PROBAT E § 13000 Billing for Medicare & Secondary Medical Insurance . . . .
T ermination of Vendor's Services . . . .
Obtaining all Due Refunds . . . .
Contacts with Sources of Income and Benefits . . . .
Review and Payment of Bills . . . .
Distribution of Assets to Heirs/Beneficiaries . . . .
T OT AL T IME _____ IX. CASE CLOSING T ransfer of Assets to Successor Fiduciary (Estimated) . . . .
T ransfer of Assets to Former Conservatee (Estimated) . . . .
Notification of Death of Conservatee . . . .
Contacts with Mortuary, Family, Friends, Named Executor . . . .
T OT AL T IME _____ X. ADDIT IONAL SERVICES
Professional Nursing Care . . . .
Custodial or Semi-Professional Care . . . .
Homemaker or Companion Care . . . .
Handyman or Repair Services . . . .
T ransportation of Conservatee . . . .
Recreation/Socialization . . . .
Other (Please Specify) . . . . T OT AL T IME _____ XI. REMARKS
T OT AL T IME FOR ALL SERVICES __________ T OT AL FEE REQUEST ED FOR SERVICES: $____________