Alameda County Municipal Code Ch. 2.102 Social Services Agency—public Administrator

Footnotes:

--- (3) ---

Editor's note— Formerly titled social services agency.

There is in the county a social services agency hereinafter referred to as the agency.

(Prior admin. code § 5-44.01)

The executive officer of the agency is the director of social services appointed by the board of supervisors.

(Prior admin. code § 5-44.02)

Provisions of this chapter shall control over any other inconsistent provisions in the Administrative Code. It is the intent of the board of supervisors that the director of social services shall perform or cause to be performed all duties heretofore vested in the county welfare director and the executive director of the human relations department.

(Prior admin. code § 5-44.03)

Subject to the direction and control of the board of supervisors, and to applicable state laws, rules and regulations and local ordinances not inconsistent therewith, the director shall be in charge of and responsible for the coordination and direction of the social services agency and any other progress in the human resources field which the board of supervisors may in the future assign to the agency.

(Prior admin. code § 5-44.04)

Pursuant to state law, the director of social services or his/her designee is designated as Alameda County public guardian. The person so designated is hereby also appointed public administrator.

(Prior admin. code § 5-44.05)

(Ord. No. 2010-36, § 2, 7-13-10)

The public guardian shall be vested with the powers and perform the duties prescribed by state law and ordinances not inconsistent therewith, which shall include, but not by way of limitation:

A. In proper cases, to apply to a court of competent jurisdiction for appointment as guardian of the person and estate, or person, or estate, or any person in the county who is thought to be either incapable or incompetent to handle his/her own affairs, documentation for which is on record, and such person is a patient or is a recipient of aid under any of the provisions of the Welfare and Institutions Code of California, and where it appears that such person required a guardian;

B. When appointed as guardian, to perform all duties as required by law to safeguard the person and estate, or the estate, or the person of the ward, or as directed by the Superior Court;

C. When empowered to act by the court, to recover, safeguard, and, if necessary, to liquidate assets of the ward's estate in conformity with aid regulations of various federal, state and county welfare programs;

D. When empowered to act by the court, to take such action as necessary to protect the rights of the ward as an individual against any demand, either legal or illegal, and regardless of where or from who such demand originates;

E. To take such action as, in his/her discretion, he/she deems necessary to protect the welfare of the ward's person, his/her estate, or both, and, if necessary to petition the Superior Court for advice, direction or orders;

F. To maintain proper records and accountings as prescribed by law, the regulations of federal agencies, and, if proper, those requested by the administrators of various state and county aid programs;

G. Upon the death of a ward to assure that, insofar as the ward's estate permits, a decent interment is arranged and the last costs of care are paid, if the ward has no estate nor next of kin willing or able to assume the responsibility to request that the coroner take action and assume the duty;

H. To petition the Superior Court for discharge upon death of the ward, and request authority to dispose of the funds according to state law to the next of kin, the executor of the estate, or the public administrator, as the case may be;

I. In proper cases, upon termination of the guardianship and the assets of the ward permit, to petition the Superior Court for payment of expenses and compensation of the guardian and this attorney for services as the court sees fit;

J. To perform all other acts as necessary to legally administer the estates and control and protect the persons of all wards coming into his/her charge, as set forth by state law, and/or as ordered by Superior Court.

(Prior admin. code § 5-44.05)

The public administrator shall be vested with the powers and perform the duties as prescribed by state law and ordinances not inconsistent therewith which shall include, but not by way of limitation:

A. To take immediate charge of the property located within the county belonging to persons who have died and when no next of kin entitled to act resides in California, or when no executor or administrator has been appointed by the court, or when persons legally entitled refuse to act, or none such can be located, and in consequence thereof, the property, or any part thereof, is, or appears to be, in danger of being wasted, uncared for or lost, and of all estates ordered into his/her hands by the court;

B. To apply for letters of administration upon the estates of decedents who have no known heirs, and such letters upon any other estate which he/she is entitled by law to administer;

C. To search for and, when found, to safeguard assets of such estates;

D. To locate and notify heirs, search for wills and, when found, to file same with county clerk and notify named executors; if executor cannot be located, or has died, to take appropriate action;

E. To make arrangements with consent of the heirs, or, if there be no known heirs, to exercise the best judgment as to the wishes of the decedent regarding burial;

F. To take care of, and petition the court for authority to act in matter concerning the property belonging to indigent or unclaimed dead;

G. Upon request of the board of supervisors, to take charge of property of alien indigents who are returned, or are being returned, by the county to their native lands;

H. To perform all other acts necessary to legally administer proper estates coming into his/her charge as set forth by state law and/or as ordered by the Superior Court.

(Ord. No. 2010-36, § 2, 7-13-10)