Conservatorship of Lambert

Good Law
143 Cal. App. 3d 239·191 Cal. Rptr. 725·1983 Cal. App. LEXIS 1756
Court of Appeal of CaliforniaMay 25, 1983Docket Nos. 51276, 51384-51388, 51392, 51393, 51396, 51398, 51400-51402California1,801 words

Opinion

Opinion

Poche, J.

In these thirteen consolidated appeals we review orders approving either annual or final accountings of the public guardian of Humboldt County in his capacity as the appointed conservator of the estate of each appellant. In each case, the conservatee’s estate consisted solely of social security benefits, except for appellant Donna Lambert’s, whose also contained supplemental security income (SSI) benefits. In each instance, the county counsel of Humboldt County served as the attorney for the public guardian.

During the relevant accounting periods the public guardian, as the representative payee ( 42 U.S.C. § 405 , subd. (j); see 20 C.F.R. § 404.2001 et seq.), received each conservatee’s social security benefits directly from the Social Security Administration (SSA).

In each petition the public guardian requested the court to award fees for his services and those of his attorney. California law expressly provides for such an award: “The public guardian shall have a claim against the ward’s estate for his reasonable expenses incurred in the execution of the . . . conservatorship, and such compensation for his services and those of his attorney as the court in which his…

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