McDonald

A daughter petitioned for temporary and permanent conservatorship of her elderly father upon allegations that he was not receiving adequate nutrition, hygiene, and medication, individuals living with the father were financially abusing him, and those individuals were conducting illegal activity on the premises. An investigator appointed by the court substantiated the allegations and the court established a temporary conservatorship that lasted six months. A court-appointed attorney reported that the temporary conservatorship improved the conservatee’s situation but the father strenuously objected to the conservatorship. The daughter dismissed her petition for a permanent conservatorship. The court awarded compensation and reimbursement of expenses to the temporary conservator and her attorneys, to be paid from the conservatee’s estate. The conservatee appeals the award.

The conservatee claims that Probate Code sections 2641 and 2642 authorizing payments to a conservator and the conservator’s attorneys do not apply where there was only a temporary conservatorship, never a permanent conservatorship. The conservatee also claims that, even if a temporary conservator may…