Conservatorship of Krueger CA4/2

I. INTRODUCTION

Objector and appellant Craig Krueger is the son of Elizabeth Krueger.1 At some

point, a conservatorship was established for Elizabeth, and petitioner and respondent

Aaron F. Garcia was subsequently appointed as independent counsel for Elizabeth

pursuant to Probate Code2 section 1471, subdivision (c). In November 2023, Garcia filed

a petition requesting an allowance of attorney’s fees, seeking compensation for work

performed in the conservatorship proceedings, a separate civil proceeding (Simkins case),

and a purportedly unfiled case Elizabeth sought to pursue to invalidate provisions of her

inter vivos trust. Multiple parties including Elizabeth’s conservator, Elizbeth’s guardian

ad litem, and Craig all filed written objections to Garcia’s request. After conducting a

hearing on the matter, the trial court partially granted Garcia’s requested allowance,

including compensation for Garcia’s purported work in the Simkins case.

Craig appeals, asserting multiple claims of error. We need not discuss the merits

of each claim in detail because we agree with Craig that the probate court abused its

discretion by awarding compensation to Garcia for work performed…