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2014 California Rules of Court

Rule 7.756. Compensation of conservators and guardians

(a) Standards for determining just and reasonable compensation

The court may consider the following nonexclusive factors in determining just and reasonable compensation for a conservator from the estate of the conservatee or a guardian from the estate of the ward:

(1)The size and nature of the conservatee's or ward's estate;

(2)The benefit to the conservatee or ward, or his or her estate, of the conservator's or guardian's services;

(3)The necessity for the services performed;

(4)The conservatee's or ward's anticipated future needs and income;

(5)The time spent by the conservator or guardian in the performance of services;

(6)Whether the services performed were routine or required more than ordinary skill or judgment;

(7)Any unusual skill, expertise, or experience brought to the performance of services;

(8)The conservator's or guardian's estimate of the value of the services performed; and

(9)The compensation customarily allowed by the court in the community where the court is located for the management of conservatorships or guardianships of similar size and complexity.

(b) No single factor determinative

No single factor listed in (a) should be the exclusive basis for the court's determination of just and reasonable compensation.

(c) No inflexible maximum or minimum compensation or maximum approved hourly rate

This rule is not authority for a court to set an inflexible maximum or minimum compensation or a maximum approved hourly rate for compensation.

Rule 7.756 adopted effective January 1, 2008.

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