SECTIONS 2940-2944 - California Statutes

PROBATE CODE

SECTION 2940-2944

2940. All funds coming into the custody of the public guardian
shall be deposited or invested in the same manner and subject to the
same terms and conditions as deposit or investment by the public
administrator of money in an estate pursuant to Article 3 (commencing
with Section 7640) of Chapter 4 of Part 1 of Division 7.

2941. The public guardian may, if necessary and in the public
guardian's discretion, employ private attorneys where the cost of
employment can be defrayed out of estate funds or where satisfactory
pro bono or contingency fee arrangements can be made.

2942. The public guardian shall be paid from the estate of the ward
or conservatee for all of the following:
(a) Reasonable expenses incurred in the execution of the
guardianship or conservatorship.
(b) Compensation for services of the public guardian and the
attorney of the public guardian, and for the filing and processing
services of the county clerk or the clerk of the superior court, in
the amount the court determines is just and reasonable. In
determining what constitutes just and reasonable compensation, the
court shall, among other factors, take into consideration the actual
costs of the services provided, the amount of the estate involved,
the special value of services provided in relation to the estate, and
whether the compensation requested might impose an economic hardship
on the estate. Nothing in this section shall require a public
guardian to base a request for compensation upon an hourly rate of
service.
(c) An annual bond fee in the amount of twenty-five dollars ($25)
plus one-fourth of 1 percent of the amount of an estate greater than
ten thousand dollars ($10,000). The amount charged shall be deposited
in the county treasury. This subdivision does not apply if the ward
or conservatee is eligible for Social Security Supplemental Income
benefits.

2943. (a) Notwithstanding subdivision (c) of Section 2610, the
property described in the inventory may be appraised by the public
guardian and need not be appraised by a probate referee if the public
guardian files with the inventory an appraisal showing that the
estimated value of the property in the estate does not exceed the
amount prescribed in Section 13100.
(b) If the conservator seeks authority pursuant to subdivision (b)
of Section 2540 to sell the conservatee's personal residence,
whether or not it is real property, or if the conservator seeks
authority pursuant to Section 2590 to sell the conservatee's real
property, valued in excess of ten thousand dollars ($10,000), or an
item of personal property valued in excess of ten thousand dollars
($10,000) that is not a security sold pursuant to subdivision (a) of
Section 2544, that property shall be appraised by a probate referee.

2944. The public guardian is not liable for failing to take
possession or control of property that is beyond the ability of the
public guardian to possess or control.