Conservatorship of Lefkowitz

A conservatee’s son appeals from an order approving the conservator’s final accounting over the son’s objections. Finding that certain fees ordered to be paid by the conservatee’s estate were compensation for services which were rendered for the personal benefit of the conservator rather than for the benefit of the conservatee, we modify the order by deducting the amount of the improper fees and affirm the order as modified.

Factual and Procedural Background

In 1994, Bertha Lefkowitz, the conservatee, was 87 years old and residing in a convalescent center in San Bernardino. Her conservator was Bonnie Cambalik, who had been appointed in 1992. Cambalik was not related to the conservatee. Instead, she is a professional private conservator. (Prob. Code, § 2340 et seq. )

In January of 1994, the conservatee’s son, LeRoy Lefkowitz (objector), petitioned the superior court for an order removing Cambalik as conservator and appointing the objector as successor conservator. (§§ 2650-2651 [removal]; §§ 2680-2682 [successor].) Cambalik opposed the petition, both through a written response and by appearing with counsel at the hearing on the petition. Following the hearing, the court…