San Mateo — 13-121

Source: https://sanmateo.courts.ca.gov/system/files/13-121.pdf

Sparse pages use OCR; original PDF remains authoritative.

STANDING ORDER 13-121 JOHN C. BEIERS, COUNTY COUNSEL (SBN 144282) By: Aimee B. Armsby, Deputy (SBN 226967) + By: Justin W. Mates, Deputy (SBN 261830) F I L K D Hall of Justice and Records SAN MATEO COUNTY 400 County Center, 6" Floor ; Redwood City, CA 94063 AUG 0 Telephone: (650) 363-4768 Cl ) Facsimile (650) 363-4034 3 lerk ot tre y ‘ Attorneys for San Mateo County Public Guardian oEPU ae IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO EX PARTE APPLICATION FOR STANDING ORDER GRANTING AUTHORITY TO ACCESS JOINT BANK ACCOUNTS OF CONSERVATEES AND DECLARATION OF AIMEE B. ARMSBY IN SUPPORT THEREOF I, Aimee B. Armsby, declare as follows:

1. This ex parte application for a standing order is made on behalf of the San Mateo County Public Guardian in relation to the Probate Conservatorship and LPS Conservatorship cases now pending before the Court.
2. Lam employed as a Deputy County Counsel for the County of San Mateo, and licensed and authorized to practice law in all Courts of the State of California.
3. [represent the Public Guardian in and for the County of San Mateo (the “Public Guardian’) in all conservatorship proceedings pending before this Court.
4. The Public Guardian has had a recurring problem accessing the funds of conservatees that are on deposit in joint tenancy accounts in banks and other financial institutions. A conservator of the estate has the same legal authority to manage the conservatee’s financial affairs as the conservatee would have, but for the disability of the conservatorship. Many banks, however, as a practical matter customarily refuse the Public Guardian access to conservatee bank accounts which are held in joint tenancy, regardless of the relationship or lack of same between the conservatee and the other joint tenants(s) and regardless of the source of funds in the accounts. Some financial institutions go so far as to refuse to turn

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 over to the Public Guardian funds in the nature of Social Security benefit payments received via direct deposit, even though by federal law these funds may be used only for the benefit of the named beneficiary. 5. In most cases where access has been a problem, the funds in the accounts in question have been attributable solely to the conservatee, and the joint tenant has been placed on the account for convenience purposes only. In some cases, the joint tenant is a relative or close friend who actually has the best interests of the conservatee in mind. In many cases, unfortunately, the joint tenant is a financial abuser, sometimes related to the conservatee, many times not. The position of the financial institutions is that a joint tenant may withdraw any funds, up to the total amount on deposit, at any time, regardless of the source of the funds in the account, but that a conservator does not have that authority absent a court order. 6. The Public Guardian has a compelling need to access funds in conservatees’ financial accounts as expeditiously as possible. In many cases, there is ongoing financial abuse of the conservatee and an exigent need exists to stem the financial hemorrhage of the conservatee’s assets. If the Public Guardian is not permitted to stand in the shoes of a conservatee and exercise the same authority over a joint account as the conservatee or any other joint tenant, there is nothing to prevent a wrongdoer from wrongfully withdrawing and stealing the conservatee’s funds. The Public Guardian has no desire to expropriate the assets of individuals who have legitimately commingled their assets with those of a conservatee. Rather, the Public Guardian requests only to have enforced the same authority over conservatees’ joint accounts as any joint tenant would have. 7. In order to protect the due process rights of joint tenants, the standing order could include a requirement that the Public Guardian make a reasonable attempt to notify the joint tenant(s) that the Public Guardian has taken control of the account, and that the joint tenant(s) has/have thirty (30) days to provide written evidence of any claimed ownership interest in said account. 8. This application supersedes the application made June 16, 1997. WHEREFORE, Petitioner prays for a standing order of the Court that the Public Guardian of San Mateo County, as conservator, whether permanent or temporary, of the estate of a conservatee possessing funds in an account with a financial institution, is specifically authorized to assert the same authority over

23 24 25 26 27 28 such joint tenancy account as could any joint tenant, requiring all financial institutions situated in California to allow the San Mateo County Public Guardian full access to and control over joint tenancy accounts of which a conservatee of the Public Guardian, regardless of whether the conservatorship is permanent or temporary, is a joint tenant and for such other relief as the Court may deem proper. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct except as to those matters asserted on information and belief and as to those matters, I believe them to be true. Executed this Theh day of August, 2013 at Redwood City, California. ay VWAALLA _” Aithée B. a f & A

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STANDING ORDER 13-121 JOHN C. BEIERS, COUNTY COUNSEL (SBN 144282) By: Aimee B. Armsby, Deputy (SBN 226967) ~
By: Justin W. Mates, Deputy (SBN 261830) F q L EK D Hall of Justice and Records SAN MATEO COUNTY 400 County Center, 6" Floor Redwood City, CA 94063 AUG 0 Telephone: (650) 363-4768 Facsimile (650) 363-4034 cin gf i une, Attorneys for San Mateo County Public Guardian he CLERK IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO STANDING ORDER GRANTING AUTHORITY TO ACCESS JOINT BANI¢ ACCOUNTS OF CONSERVATEES Based upon the Ex Parte Application of Aimee B. Armsby, Deputy County Counsel, as attorney for the Office of the San Mateo County Public Guardian and, for good cause appearing, IT IS HEREBY ORDERED that:

1. The San Mateo County Public Guardian (the “Public Guardian”) as conservator of the estate of conservatees possessing joint tenancy accounts in banks and other financial institutions, is hereby authorized to exercise control over the assets in those conservatees’ joint accounts to the same degree as could a joint tenant;
2. All financial institutions in the State of California holding intangible assets for individual depositors are subject to this Standing Order and are required to comply with a demand by the Public Guardian to access funds in a joint tenancy account when such demand is accompanied by a certified copy of this Order and a certified copy of Letters of Conservatorship naming the Public Guardian as conservator of the estate of any person named as a joint tenant in said account;
3. The Public Guardian is instructed not to remove, and financial institutions referenced above are instructed not to release, any funds that can positively be identified as belonging to a joint tenant other than a conservatee for whom the Public Guardian is conservator. The Public Guardian is instructed not to disburse any funds of which it takes control pursuant to this Order and whose origin or ownership

10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 is uncertain until the fact of ownership is established in a noticed hearing held in this Court or in the context of a separate civil action; 4. The Public Guardian is directed to use reasonable efforts to notify any and all joint tenants that the Public Guardian has taken control of the account and the joint tenant(s) has/have thirty (30) days in which to provide written evidence of any claimed ownership interest in said account; 5. All financial institutions in California, their officers and employees are ordered to provide the Public Guardian, conservator of the estate of the conservatee in question, information regarding the accounts of conservatees for whom the Public Guardian is appointed conservator of the estate, either individually or in joint tenancy with one or more other persons; 6. This Order shall apply with equal effect in cases where the Public Guardian has been appointed temporary conservator as where the Public Guardian has been appointed permanent conservator; and 7. The liability of any financial institution for disbursing funds pursuant to this Order shall be the same as the liability it would incur for disbursing funds to a joint tenant of the account in question. 8. This Order supersedes Standing Order 97-16. 9. This Order shall be a Standing Order of the Court and shall remain in full force and effect until it has been revoked or superseded by order of this Court. DATED: 6/4] | DE —? 72 HONORABLE ROBERT D. FOILES PRESIDING JUDGE OF THE SUPERIOR COURT