Colusa County Municipal Code Art. VII Public Guardian

(Ord. No. 463 (part); Ord. No. 755 (part))

The office of the public guardian/LPS conservator is created in the county.

(Ord. No. 463 (part); Ord. No. 755 (part))

The board of supervisors shall by ordinance appoint the person to fill the position of public guardian/LPS conservator and by ordinance shall fix the compensation payable to the public guardian/LPS conservator in consideration for the duties to be performed as set forth in this article, and the Welfare and Institutions, Probate and Government Codes of the state of California.

(Ord. No. 463 (part); Ord. No. 755 (part))

As authorized by California Government Code Section 27431(a) the board of supervisors of the county appoints the director of health and human services to fill the office of the public guardian/LPS conservator and all authority of the public guardian is vested in the director of health and human services.

(Ord. No. 463 (part); Ord. No. 755 (part))

The office of the public guardian heretofore having vested by ordinance in the office of the Colusa County counsel is terminated.

(Ord. No. 463 (part); Ord. No. 755 (part))

The public guardian/LPS conservator shall carry an official bond in such amount as may be fixed, from time to time, by the board of supervisors, which bond shall inure to the joint benefit of the several conservation/guardianship estates and the county, and such public guardian/LPS conservator shall not be required to file bonds in individual estates.

(Ord. No. 463 (part); Ord. No. 755 (part))

All powers, duties and responsibilities of the public guardian/LPS conservator shall be as provided by law, and no powers, duties or responsibilities other than those provided for in the Government, Probate and Welfare and Institutions Codes of the state of California is created.

(Ord. No. 463 (part); Ord. No. 755 (part))

If necessary, the public guardian/LPS conservator in his/her discretion may employ private attorneys where the cost thereof can be defrayed out of conservatorship estate funds or as authorized by the board of supervisors.

(Ord. No. 463 (part); Ord. No. 755 (part))

The public guardian/LPS conservator may appoint two subordinate deputies necessary to perform the duties required of that office.

(Ord. No. 463 (part); Ord. No. 755 (part))

The public guardian/LPS conservator is designated as authorized public representative payee for the county and may collect such fees as may be authorized by the board of supervisors for public representative payee services.

(Ord. No. 463 (part); Ord. No. 755 (part))

The predecessor public guardian shall cooperate fully with the successor public guardian/LPS conservator in order to facilitate an orderly and efficient transfer of conservatee estates pursuant to Section 8005 of the Welfare and Institutions Code.

(Ord. No. 463 (part); Ord. No. 755 (part))

The county shall provide to the public guardian/LPS conservator such funds as are necessary to cover initial administrative expenses such as office furniture, stationery supplies, utilities, etc.

(Ord. No. 463 (part); Ord. No. 755 (part))

The Colusa County auditor is directed to establish a fund for the use by public guardian/LPS conservator and his designated deputies for necessary incidental expenses of conservatees in an amount not to exceed one thousand five hundred dollars. The public guardian/LPS conservator shall render an annual account to the board of supervisors on this fund and the public guardian/LPS conservator is authorized to seek reimbursement for such sums as are expended as permitted by law.

(Ord. No. 755 (part))

The office of the county counsel shall provide legal representation in conservatorship proceedings, advise the public guardian on the application of law as it pertains to the duties of the office of public guardian, and prepare and manage legal documents and pleadings in conservatorship proceedings.

[1]

Code reviser’s note: Ordinance 755 adds these provisions as Section 2-58. The section has been editorially renumbered to avoid duplication of numbering.