Section § 27430

Explanation

This law allows the county's board of supervisors to establish the public guardian's office through a local law and set the necessary staff positions and their salaries. They also have the authority to shut down the public guardian's office if they choose to do so.

(a)CA Government Code § 27430(a) In any county the board of supervisors may by ordinance create the office of public guardian and subordinate positions which may be necessary and fix compensation therefor.
(b)CA Government Code § 27430(b) The board of supervisors may by ordinance terminate the office of public guardian.

Section § 27431

Explanation

This law allows the board of supervisors in a county to appoint a public guardian, who may also handle conservatorship matters. When choosing a public guardian, the board can prefer someone already doing similar work, but they must ensure there's no conflict with conservatorship duties.

(a)CA Government Code § 27431(a) The board of supervisors may appoint a public guardian to fill the office and provide for appointment to the subordinate positions.
(b)CA Government Code § 27431(b) In appointing the public guardian, the board of supervisors may give preference to the person or agency providing public guardian services in each county. No person or agency shall be designated as public guardian whose agency functions present real conflict with the functions of conservatorship investigation or administration.

Section § 27432

Explanation

This law gives a county's board of supervisors the power to decide who will serve as the public guardian. They can either designate the public administrator to automatically take on this role or appoint another individual. If they choose someone else, they can later change their decision by making the public administrator the public guardian. Similarly, if the public administrator is already the public guardian, the board can decide to appoint someone else by ending the administrator's authority through an ordinance.

(a)CA Government Code § 27432(a) The board of supervisors may by ordinance designate that the public administrator is ex officio public guardian.
(b)CA Government Code § 27432(b) If the board of supervisors has not designated the public administrator as ex officio public guardian, but has appointed another public guardian, it may terminate the appointment and may by ordinance designate that the public administrator is ex officio public guardian and all authority vests in the successor.
(c)CA Government Code § 27432(c) If the public administrator has been designated ex officio public guardian, the board of supervisors may by ordinance terminate the designation and appoint another public guardian and all authority vests in the successor.

Section § 27433

Explanation

This law states that when a public guardian or an ex officio public guardian leaves their position, their authority passes to the person who takes over the role. If there are official documents known as 'letters' issued to the public guardian, these remain valid for the successor, so there is no need to issue new documents.

The authority of the public guardian or ex officio public guardian ceases upon the termination of his or her tenure in office as public guardian or ex officio public guardian and his or her authority vests in his or her successor. If letters have been issued to “the public guardian” of the county, the letters are sufficient to authorize action by the successor and new letters need not be issued.

Section § 27434

Explanation

The public guardian must provide a bond, whose amount is set by the board of supervisors, to protect both the estates they oversee and the county. This bond covers all guardianships or conservatorships they manage, not individual estates.

The public guardian shall give an official bond in an amount fixed, from time to time, by the board of supervisors. The bond shall be for the joint benefit of the guardianship or conservatorship estates and the county. The public guardian may not be required to give a bond in an individual estate.

Section § 27435

Explanation

This law allows a county to cover necessary expenses for a public guardian managing a guardianship or conservatorship estate and then be repaid once estate funds or property are available. The county can also create a revolving fund to help the public guardian with these expenses, following a specific financial procedure.

(a)CA Government Code § 27435(a) Necessary expenses of the public guardian in the conduct of any guardianship or any conservatorship estate may be advanced by the county. If so ordered by the board of supervisors, those expenses are a county charge, but the county shall be reimbursed therefor out of funds or property of the estate by the public guardian as soon as, and to the extent that, funds or property become available.
(b)CA Government Code § 27435(b) As a means of advancing necessary expenses of a public guardian, the county board of supervisors may establish a revolving fund to be used by the public guardian. The revolving fund shall be established pursuant to Article 7 (commencing with Section 29460) of Chapter 2 of Division 3 of Title 3.

Section § 27436

Explanation

This law allows the board of supervisors to decide who can be a public representative payee, which is someone who manages another person's benefits. It also lets them assign the public guardian to collect fees for these services.

The board of supervisors may designate who shall be authorized as public representative payee, and designate the public guardian to collect any fees authorized by the board of supervisors for public representative payee services.