Scott

MILLER J.

Following a trial, the probate court approved, subject to a $93,036.75 surcharge, the first and final account and report of trustee (First Report), filed by Melodie Z. Scott (Trustee), trustee of The A'Yana McDonald Special Needs Trust (the trust). ( Prob. Code, §§ 1061 - 1064.) 1 Trustee raises three issues on appeal. First, Trustee contends the probate court did not apply the correct legal standard. Second, Trustee asserts substantial evidence does not support the finding of breach. Third, Trustee contends the probate court erred by denying compensation for Trustee's services.

FACTUAL AND PROCEDURAL HISTORY

A. BACKGROUND

A'Yana McDonald (Beneficiary) was born in September 1997 and has been diagnosed with mild-moderate cerebral palsy, attention deficit hyperactivity disorder, and seizures. Beneficiary attends special education classes at school. Beneficiary's mother (Mother) provided care for Beneficiary from approximately 2007 to 2012. In 2012, Mother failed a background check and was no longer permitted to serve as Beneficiary's in-home caretaker. In 2012, Beneficiary's father (Father) became Beneficiary's primary care provider. Mother and Father divorced in 2005.…