Trusts and Estates

Conservatorship of Brokken

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Cite as B303898
Filed March 15, 2021, Second District, Div. Six

By Daniel C. Kim
Weintraub Tobin Chediak Coleman Grodin Law Corporation

Headnote: Conservatorships – Attorneys’ Fees

Summary: A conservatorship petitioner is not entitled to attorneys’ fees where a conservator is not appointed.

Beth and Barry Brokken petitioned for the conservatorship of their mother, Doris Brokken, who they alleged suffered from ongoing mental health issues. After two years of litigation, the case settled before a conservator was appointed. Beth and Barry subsequently petitioned the court for reimbursement of attorneys’ fees they had incurred, which the court granted.

The appellate court reversed. The plain language of the statute under which Beth and Barry sought fees precludes a fee award in a case where a conservatorship is never established. Whether the fees were incurred in good faith and in the best interests of the proposed conservatee is irrelevant.

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