Public Guardians

Division 4, Part 5 deals with public guardians. Chapter 1 concerns taking temporary possession of control of property.

Section 2900 provides that, if the public guardian or public conservator determines that the requirements for appointment of a guardian or conservator of the estate are satisfied and the public guardian or public conservator intends to apply for appointment, the public guardian or public conservator may take possession or control of real or personal property of a person domiciled in the county that is subject to loss, injury, waste, or misappropriation, and may deny use of, access to, or prohibit residency in, the real or personal property, by anyone who does not have a written rental agreement or other legal right to the use of, or access to, the property.

Section 2901 provides that a public guardian who is authorized to take possession or control of property under this chapter may issue a written certification of that fact. The written certification is effective for 30 days after the date of issuance. The written recordable certification is required to substantially comply with the specified form.

Section 2901.5 specifies that a public guardian or public conservator, who is authorized to restrain any person from transferring, encumbering, or in any way disposing of any real or personal property held in a trust may issue a written certification of that fact. The written certification is effective for 30 days after the date of issuance. The written recordable certification is required to substantially comply with the specified form.

Section 2902 provides that a public guardian who takes possession or control of property pursuant to this chapter is entitled to reasonable costs incurred for the preservation of the property, together with reasonable compensation for services, in case of the subsequent appointment of another person as guardian or conservator of the estate. The costs and compensation are a proper and legal charge against the estate of the ward or conservatee.

Chapter 3 deals with the appointment of a public guardian.

Section 2920 provides that, if any person domiciled in the county requires a guardian or conservator and there is no one else who is qualified and willing to act and whose appointment as guardian or conservator would be in the best interests of the person, then either of the two specified conditions must apply.

The public guardian shall apply for appointment as guardian or conservator of the person, the estate, or the person and estate, if the court so orders. The court may make an order under this subdivision on motion of an interested person or on the court’s own motion in a pending proceeding or in a proceeding commenced for that purpose. The court shall order the public guardian to apply for appointment as guardian or conservator of the person, the estate, or the person and estate, on behalf of any person domiciled in the county who appears to require a 

Section 2921 specifies that an application of the public guardian for guardianship or conservatorship of the person, the estate, or the person and estate, of a person who is under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services is not to be granted without the written consent of the department having jurisdiction of the person.

Section 2922 states that, if the public guardian is appointed as guardian or conservator, letters are required to be issued in the same manner and by the same proceedings as letters are issued to other persons. Letters may be issued to “the public guardian” of the county without naming the public guardian. The official bond and oath of the public guardian are in lieu of the guardian or conservator’s bond and oath on the grant of letters.