Conservatorship of Bryant

Charles P. Brown for Objector and Appellant.

Linda M. Fabian for Conservatee and Respondent.

Lloyd M. Harmon, Jr., County Counsel, Diane Bardsley, Chief Deputy County Counsel, and Lewis P. Zollinger, Deputy County Counsel, as Amici Curiae.

OPINION

BENKE, J.

This is an appeal from a probate court order denying attorney compensation in a conservatorship.

We hold that under Probate Code [1] section 2645, subdivision (b), an attorney who is related to a conservator must show that his representation, as opposed to the representation otherwise available, was to the advantage, benefit and best interest of the conservatee. The appellant in this case made no such showing and accordingly he may not recover fees incurred following the effective date of section 2645, subdivision (b).

Carol S. Brown (Carol Brown) [2] was originally appointed to act as the temporary conservator of the person and estate of Lillian R. Bryant on March 12, 1993. Sometime later Carol Brown retained her husband, objector and appellant Brown (Brown), to perform legal services for her in her capacity as conservator. On April 23, 1993, the probate court approved a general conservatorship of Bryant and appointed…