Brown v. Brown

Opinion

BENKE, J.

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

We hold that under Probate Code1 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).

Factual History

Carol S. Brown (Carol Brown)2 was originally…