Probate Code Section 2640.1 - Interpretation

In Estate of Moore (1968) 258 Cal.App.2d 458, 462, the issue was "whether in the absence of statutory authorization, one who in good faith initiates caretaker proceedings in which a guardian or conservator other than the initiator is appointed may be awarded his costs and counsel fees." the court held that a petitioner who in good faith initiated caretaker proceedings but was not himself appointed the caretaker could indeed recover his attorney fees and costs. (Ibid.) Estate of Moore was decided in the absence of any statutes regarding the matter. In 1995, the Legislature enacted Probate Code section 2640.1, which provides: "(a) If a person has petitioned for the appointment of a particular conservator and another conservator was appointed while the petition was pending, but not before the expiration of 90 days from the issuance of letters, the person who petitioned for the appointment of a conservator but was not appointed and that person's attorney may petition the court for an order fixing and allowing compensation and reimbursement of costs, provided that the court determines that the petition was filed in the best interests of the conservatee. "(c) Upon the hearing, the court shall make an order to allow both of the following: "(1) Any compensation or costs requested in the petition the court determines is just and reasonable to the person who petitioned for the appointment of a conservator but was not appointed, for his or her services rendered in connection with and to facilitate the appointment of a conservator, and costs incurred in connection therewith. "(2) Any compensation or costs requested in the petition the court determines is just and reasonable to the attorney for that person, for his or her services rendered in connection with and to facilitate the appointment of a conservator, and costs incurred in connection therewith."