Imperial County Municipal Code Ch. 2.64 Public Guardian

Pursuant to Government Code Section 27430, there is established the office of public guardian of the county of Imperial which is an appointed position serving at the pleasure of the board of supervisors.

(Prior code § 23950)

The public administrator is designated as the public guardian, serving at the pleasure of the board of supervisors.

(Prior code § 23951; Ord. No. 1524, § 4, 12-12-17)

A. Public guardian shall perform the duties as allowed by law including but not limited to the following:

1. The office of public guardian is authorized to apply for, receive, manage, and disburse income and benefits from the Social Security Administration, Veterans Administration, from any public or private retirement system, and from any other public or private agency, to which any resident of Imperial County is entitled, or which have been previously received, but which are withheld or not paid by such agencies.

2. The office of public guardian is further authorized to disburse such benefits and income for the care and maintenance of such persons in such manner as in the professional judgement of the public guardian is reasonable and prudent and in the best interest of the person.

3. The office of public guardian is authorized to make such reasonable charges for its services and collect such fees as may be allowed by the agencies disbursing the income or benefits, and by the board of supervisors of Imperial County.

B. The following schedule of fees shall be charged by the public guardian for the services performed pursuant to subsection A of this section.

This schedule of fees will be levied on a monthly basis for conservatorship, if appropriate.

This fee schedule will be utilized by the public guardian's office unless otherwise set or waived by court order.

(Prior code § 23952)

The public guardian shall receive as compensation for his or her services a monthly salary as established by the board of supervisors as determined pursuant to section 2.48.030. Fees awarded by the court which are recoverable out of the ward's estate shall be paid into the general fund of the county.

(Prior code § 23931; Ord. No. 1524, § 5, 12-12-17)

In addition to any other fees required by law to be collected by the public guardian, he or she shall collect the following fees if appropriate by the affected county department:

A. Recovery of departmental costs:

1. Cost of long distance telephone calls;

2. Mileage at forty-five cents ($0.45) per mile;

3. Copies at twenty-five cents ($0.25) per copy;

4. Storage charges (per month):

a. Twenty dollars ($20.00) quonset storage,

b. Fifteen dollars ($15.00) safe and office storage,

c. Ten dollars ($10.00) bike storage,

d. Fifteen dollars ($15.00) automobile storage,

e. Fifteen dollars ($15.00) trailer or motorhome storage;

5. Twenty percent (20%) of sale of personal property;

6. Cost of services for preparation and sale of real property:

a. One hundred dollars ($100.00) administrative fee, and

b. Six percent of the sale price.

B. Cost for investigative services:

1. Office work, without field trip: fifty dollars ($50.00) per hour;

2. Office and field work (first hour or part): seventy-five dollars ($75.00);

3. Legal services by county counsel per hour: seventy-five dollars ($75.00).

C. LPS conservatorship fees:

D. Probate conservatorship fees:

E. LPS conservatorship and probate conservatorship accounting fees:

F. Miscellaneous LPS and probate fees:

G. Extraordinary fees:

H. Recovery of departmental costs:

(Ord. 1405 § 2, 2006)

A. The public guardian shall charge and collect a fee established in accordance with the state targeted case management (TCM) cost plan process for targeted case management services. The fees to be charged shall be calculated on the TCM rate approved by the state for the current fiscal year.

B. Fee Schedule. Case managers will review the client contribution schedule at the time of enrollment. All clients receiving services through the targeted case management (TCM) program will be screened for insurance and the ability to pay any fee associated with targeted case management. Clients may then contribute the appropriate percentage toward the cost of services provided.

Case managers will assess the impact of the fee policy on the client's ability to participate in case management and determine if a waiver of the fee is appropriate. Waivers will be documented in the client chart.

TCM RATES FOR FISCAL YEAR 2005-2006*

* Income levels represent 250% of 2005 federal poverty levels.

(Ord. 1405 § 3, 2006)