Conservatorship Probate Code attorney fee petition mechanics: California Superior Court Probate Division conservatorship petition as primary probate-division Welch anchor under Cal. Prob. Code § 2640, § 2640 mandatory attorney compensation advisory, and conservatorship fee petition advisory

§ 1801 conservatorship petition filing and Probate Division calendaring advisory: calls on the California Superior Court Probate Division calendar

The California Superior Court Probate Division conservatorship petition filing date — indexed in the Probate Division's own case management system when the Cal. Prob. Code § 1801 petition for appointment of conservator of the person, estate, or person and estate is filed — is the primary Welch temporal anchor for conservatorship billing documentation. Conservatorship is the only practice area in the fee-petition-mechanics series with its primary Welch anchor in the CALIFORNIA SUPERIOR COURT PROBATE DIVISION CONSERVATORSHIP CASE MANAGEMENT SYSTEM — distinct from probate-estate-administration-attorney-fee-petition-mechanics, which also uses the California Superior Court Probate Division but for a decedent's estate (Prob. Code §§ 7001–12591 decedent's estate administration) rather than a living person's conservatorship (Prob. Code §§ 1800–2670); a § 1801 conservatorship petition opens a new Probate Division case number with "CONS" or equivalent designation separate from "ESTATE" case numbers; the § 2640 attorney compensation standard (reasonable compensation, lodestar-based) is distinct from the § 10810 decedent's estate statutory percentage fee schedule. Conservatorship is also distinct from PACER (SEC whistleblower, FINRA arbitration, federal civil rights), any county recorder database (partition, mechanic's lien, HOA assessment collection), DFPI (Rosenthal fair debt collection), LWDA (PAGA), CRD (FEHA), OEHHA (Prop 65), any AG database (non-profit governance, CFCA, data breach), private HOA corporate records (HOA Davis-Stirling), and county APS social services records (elder financial abuse — even though APS records often lead to conservatorship proceedings, the primary Welch anchor for the § 15657.5 elder financial abuse fee petition is the county APS case number, not the Probate Division conservatorship petition).

Three § 1801 conservatorship petition and Probate Division calendaring advisory call types generate untracked billing: (1) § 1801 petition for appointment of conservator filing and proposed conservator investigation advisory — arrives when the conservatee's incapacity is identified and the § 1801 petition must be prepared and filed in California Superior Court Probate Division (requiring Cal. Prob. Code § 1801(a) conservatorship of the person — conservatee lacks the capacity to provide properly for his or her personal needs for physical health, food, clothing, or shelter; § 1801(b) conservatorship of the estate — conservatee is substantially unable to manage his or her own financial resources or resist fraud or undue influence; § 1801(c) limited conservatorship — conservatee with a developmental disability; § 1820 required contents of petition: facts showing need for conservatorship, proposed conservator's relationship to conservatee, nature of the conservatee's incapacity, estimate of the value of the estate; § 1821 filing of citation to hearing; Probate Division case number as primary Welch temporal anchor for § 2640 attorney compensation lodestar — 42–48 min); (2) § 1827 Probate Division court investigator appointment and § 1826 advisement of rights advisory — arrives when the Probate Division appoints a court investigator who visits the proposed conservatee and files a report (requiring § 1827 — the court shall appoint a court investigator to interview the proposed conservatee, explain the nature, purpose, and effect of the proposed conservatorship, and file a report with the court before the hearing; § 1826 — the court investigator shall advise the proposed conservatee of his or her right to oppose the petition, to have the petition dismissed, to have legal counsel appointed, and to request a jury trial; § 1471 appointment of independent legal counsel for the proposed conservatee from the public guardian, public defender, or bar panel; § 1825 hearing date — Probate Division schedules the capacity hearing on the Probate Division's own calendar, not on the civil unlimited or civil limited case management calendar; § 2640 attorney compensation lodestar accumulating from § 1801 petition filing date through court investigator appointment through § 1826 advisement through capacity hearing — 42–48 min); (3) § 1801(a) general conservatorship vs. § 5350 LPS Lanterman-Petris-Short mental health conservatorship election advisory — arrives when the conservatee's incapacity has a psychiatric or mental health component that may qualify for LPS conservatorship under the Lanterman-Petris-Short Act (requiring Welf. & Inst. Code § 5350 LPS conservatorship — for adults gravely disabled as a result of a mental disorder, the county public guardian may petition for LPS conservatorship after § 5150/§ 5250 involuntary holds; LPS conservatorship is administered by the county public guardian and the Probate Division jointly — creating dual-calendar advisory obligations on both the § 5350 LPS calendar (county public guardian's calendar) and the Probate Division calendar; § 5358.3 LPS conservatorship attorney appointed by the court; Prob. Code § 1801 general conservatorship vs. LPS § 5350 election: key distinction is that § 1801 general conservatorship can be petitioned by any person, while § 5350 LPS conservatorship can only be petitioned by the county public guardian — 42–48 min). At 55% untracked: 7 clients × 2 calls × 42 min × 55% = 323.4 min / 60 = 5.39 hours = $1,617–$2,695/year at $300–$500/hr.

§ 1826 conservatee capacity hearing and § 2640 attorney compensation documentation advisory: calls on the Probate Division capacity hearing and biennial accounting calendar

The California Superior Court Probate Division capacity hearing calendar — set by the § 1825 hearing date and the § 1827 court investigator report filing deadline — governs the initial conservatorship appointment phase. After conservatorship is established, the Probate Division's biennial accounting calendar under § 2357 creates recurring mandatory filing deadlines that drive advisory calls throughout the ongoing conservatorship. § 2640 mandatory attorney compensation — "the court shall fix and allow the compensation of the attorney for the conservator for the attorney's services rendered in the conservatorship" — requires ongoing documentation throughout the conservatorship, not just at termination. The Probate Division's conservatorship case management calendar operates on its own hearing schedule entirely distinct from the civil unlimited case management schedule, with probate notes, ex parte applications, and hearings scheduled through the probate clerk rather than the civil filing window.

Three § 1826 capacity hearing and § 2640 attorney compensation documentation advisory call types generate untracked billing: (1) § 1826 independent legal counsel advisory and capacity hearing preparation advisory — arrives when the court has appointed independent legal counsel for the proposed conservatee and the capacity hearing date is approaching on the Probate Division's calendar (requiring § 1826 capacity hearing rights advisement — proposed conservatee's right to oppose, right to have petition dismissed, right to legal counsel, right to jury trial under § 1827.5; § 1471 appointment of legal counsel for proposed conservatee from public defender or bar panel; Probate Division capacity hearing — court reviews § 1827 court investigator report, considers proposed conservatee's objections, and determines whether grounds for conservatorship exist under § 1801; § 2640 attorney compensation lodestar documentation strategy — all services from § 1801 petition preparation through § 1826 capacity hearing are compensable under § 2640 'services rendered in the conservatorship' — 44–50 min); (2) § 2403 conservatorship estate inventory and appraisal and § 2357 biennial accounting advisory — arrives when the conservator's attorney must prepare the § 2403 inventory and appraisal of the conservatorship estate within 90 days of appointment, and when the § 2357 biennial accounting deadline approaches (requiring § 2403 — conservator of the estate must file a verified inventory and appraisal of all property within the conservatorship within 90 days of appointment; § 2403(b) use of a Probate Division referee for appraisal of non-cash assets; § 2357 biennial accounting — conservator of the estate must file a verified account of all receipts and disbursements every 2 years; § 2357 biennial accounting hearing date is set on the Probate Division's accounting calendar — a separate Probate Division hearing calendar track from the capacity hearing track; § 2640 attorney compensation for preparation of § 2403 inventory, § 2357 biennial account, and biennial account hearing is compensable as 'services rendered in the conservatorship' — these recur every 2 years throughout the conservatorship — 44–50 min); (3) § 2640.1 contested conservatorship additional compensation advisory — arrives when the conservatee or a interested person has objected to the conservatorship or filed a petition for termination, requiring contested hearing work (requiring § 2640.1 — the court may allow additional compensation for extraordinary services in a contested conservatorship proceeding; contested capacity hearing — when the proposed conservatee objects and demands a jury trial under § 1827.5 (conservatee may demand a jury of 12 to determine incapacity); § 2650 conservatee's petition for restoration of capacity — conservatee may petition to terminate the conservatorship at any time; § 2357(d) contested accounting hearing — interested persons may object to the biennial account; § 2640.1 extraordinary services advisory: when the contested conservatorship proceeding requires trial preparation, jury trial (§ 1827.5), or contested accounting hearing work, § 2640.1 allows the court to award additional compensation beyond the regular § 2640 reasonable compensation — 44–50 min). At 55% untracked: 6 clients × 3 calls × 44 min × 55% = 435.6 min / 60 = 7.26 hours = $2,178–$3,630/year at $300–$500/hr.

§ 2640 mandatory attorney compensation petition and § 2640.1 contested conservatorship extraordinary services advisory: calls on the Probate Division compensation petition calendar

Cal. Prob. Code § 2640 — "the court shall fix and allow the compensation of the attorney for the conservator for the attorney's services rendered in the conservatorship" — is mandatory "shall fix and allow" once the attorney files the compensation petition; no exceptionality showing, no three-part public benefit test, no jury submission. Unlike most other practice areas in the fee-petition-mechanics series where the fee petition is a single post-judgment event, § 2640 compensation petitions recur throughout the ongoing conservatorship — typically filed at appointment, at each biennial accounting under § 2357, at modification proceedings under § 1860 et seq., and at termination under § 1860.5. § 2640.1 authorizes additional compensation for extraordinary services in contested conservatorship proceedings. PLCM Group Inc. v. Drexler 22 Cal.4th 1084 (2000) California prevailing market rate for conservatorship solos. Hensley v. Eckerhart 461 U.S. 424 (1983) lodestar from conservatorship petition filing date. Missouri v. Jenkins 491 U.S. 274 (1989) fees-on-fees for compensation petition preparation hours. Conservatorship of Romo (2020) 46 Cal.App.5th 966 — § 2640 compensation standard for conservatorship attorneys.

Two § 2640 and § 2640.1 post-appointment advisory call types generate untracked billing: (1) § 2640 mandatory attorney compensation petition and § 2357 biennial accounting coordination advisory — arrives at each § 2357 biennial accounting cycle and at each major conservatorship milestone requiring court approval (requiring § 2640 mandatory 'the court shall fix and allow' attorney compensation for 'services rendered in the conservatorship'; § 2640 compensation petition must be filed with the Probate Division and set for hearing on the Probate Division's compensation petition calendar; Hensley lodestar from § 1801 petition filing date at California Superior Court Probate Division through each biennial accounting through termination; PLCM Group 22 Cal.4th 1084 California prevailing market rate; § 2357 biennial accounting hearing date drives the compensation petition filing deadline — compensation petitions are typically filed concurrently with each § 2357 biennial account; Missouri v. Jenkins 491 U.S. 274 (1989) fees-on-fees for compensation petition preparation hours; Conservatorship of Romo (2020) 46 Cal.App.5th 966 — § 2640 reasonable compensation standard — 44–50 min); (2) § 2640.1 contested conservatorship extraordinary services and additional compensation petition advisory — arrives when contested conservatorship proceedings — including § 1827.5 jury trial, § 2650 restoration of capacity petition, or § 2357 contested biennial accounting — require extraordinary service compensation beyond the regular § 2640 reasonable compensation standard (requiring § 2640.1 — court may allow additional compensation for extraordinary services in contested conservatorship proceedings; § 1827.5 jury trial right on incapacity question — proposed conservatee may demand jury trial to determine whether grounds for conservatorship exist; § 2650 petition for restoration of capacity — conservatee or interested person may petition the Probate Division at any time to terminate the conservatorship; § 2357(d) contested biennial accounting — interested person may object to the biennial account on the basis of unauthorized transactions, self-dealing, or inadequate accounting; § 2640.1 extraordinary services compensation petition requires separate Probate Division hearing and documentation of the nature of the extraordinary services, why they were required, and what additional compensation is sought — 44–50 min). At 55% untracked: 5 clients × 2 calls × 44 min × 55% = 242 min / 60 = 4.03 hours = $1,210–$2,017/year at $300–$500/hr.

How ClaimHour fits conservatorship practice

Conservatorship solos billing hourly on Cal. Prob. Code § 2640 mandatory attorney compensation — with § 1801 conservatorship petition filing and § 1827 court investigator appointment advisory calls arriving on the California Superior Court Probate Division's conservatorship calendaring schedule, § 1826 conservatee capacity hearing and § 2357 biennial accounting and § 2640.1 contested conservatorship advisory calls arriving on the Probate Division's capacity hearing and biennial accounting calendar, and § 2640 mandatory attorney compensation petition and § 2640.1 extraordinary services advisory calls arriving on the Probate Division's recurring compensation petition calendar throughout the ongoing conservatorship — and if your § 2640 lodestar documentation must satisfy Hensley specificity from the California Superior Court Probate Division conservatorship petition filing date (in the California Superior Court Probate Division Conservatorship Case Management System, distinct from the Probate Division decedent's estate case management system, and from PACER, county recorder, DFPI, LWDA, CRD, OEHHA, AG databases, and county APS records), through the § 1826 capacity hearing, through each § 2357 biennial accounting cycle, through termination, ClaimHour was built for that gap.

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