ffective immediately, the Alameda County Local Rules require Conservators to submit a record showing how much time they spent doing what, each day. Further, time spent as Conservator of the Person (concerning food, clothing, shelter and physical health) and that spent as Conservator of the Estate must be recorded separately. Both time records shall be submitted to the court with the next account and report.
We have prepared a timesheet form that you may use to accomplish this task. Clicking on the link below will open a new window displaying the timesheet. From there you may print directly to your printer, or if you want to save it to your computer for future use, choose ‘Save as…’ from the ‘File’ menu; then choose a location to save to:
Compensation Rate
The Court has historically awarded a range of hourly rates to Conservators. The Court will review all the circumstances surrounding the request, such as the size of the estate, the rate of expense for the Conservatee’s care, the difficulty of the tasks performed by the Conservator, etc. The Court has discretion to set the hourly rate in each case. The local rules previously provided for $25 per hour, and we hope to raise the request to $40-$50 per hour.
Background
The Alameda County Local Rules long provided a commission
‚ for Conservators, payable upon approval of each account and report. The commission was 1% per year of the assets being managed in the Conservatorship, regardless of the amount of time the Conservator spent on all the tasks involved. There had also been the option of submitting time records and requesting a larger amount, but the commission was useful for its simplicity, as it did not require any recording of time.
The Court was concerned however, that this 1% automatic commission was not a reasonable way to determine what the conservator should receive. It sometimes resulted in very large amounts being paid, in cases with substantial assets, to the Conservator. In cases where the estate was almost entirely real property, there was very little cash with which to pay these large amounts. In other such cases, the payment to the Conservator was seriously out of proportion to the work actually done.