Napa County Municipal Code Ch. 2.32 Public Guardian

Pursuant to Sections 27430, et seq. of the Government Code, the office of the public guardian of the county is hereby reorganized. There shall be within the office of the public guardian a public conservator who shall serve in all conservatorship matters, and a public guardian who shall function relative to all matters where a public guardian is authorized to act.

(Ord. 1229 § 4 (part), 2003: Ord. 769 § 1 (part), 1984: prior code § 1510)

A. The director of the health and human services agency shall take the oath and, to the extent required by Section 2.32.030 of this code, discharge the duties required by law of public conservators or public guardians.

B. The amount of the bond required to be given by the director of the health and human services agency as a result of functioning as public guardian or public conservator, shall be fixed from time to time by resolution of the board of supervisors.

(Ord. 1229 § 4 (part), 2003: Ord. 769 § 1 (part), 1984: prior code § 1512)

The functions, duties and responsibilities of the office of the public guardian shall be assigned to the director of the health and human services agency in the following manner:

A. The director of the health and human services agency is appointed as, and shall discharge the duties of, the public conservator in all cases where a superior court of the state has ordered that the office of the public guardian of the county serve as the conservator of the person and/or estate in relation to any individual pursuant to Chapter 3 of Part 1 of Division 5 of the Welfare and Institutions Code, commencing with Section 5350 or pursuant to Parts 3 and 4 of the California Probate Code, commencing with Section 1800.

B. The director of the health and human services agency is appointed as, and shall discharge the duties of the public guardian. Such duties shall include, but are not limited to, filing any petitions, and granting any consents that may be required pursuant to Part 7 of Division 4 of the California Probate Code, commencing with Section 3200, and serving as a guardian of the person and/or estate or as a guardian ad litem in all cases where a superior court of the state requires the office of the public guardian of the county to so serve.

(Ord. 1229 § 4 (part), 2003: Ord. 769 § 1 (part), 1984: prior code § 1511)

The director of the health and human services agency shall, on or before June 10th of each year, file with the county auditor-controller an itemized estimate of anticipated revenues that will be received and proposed expenditures to be made relative to the operation of the office of the public guardian.

(Ord. 1229 § 4 (part), 2003: Ord. 769 § 1 (part), 1984: prior code § 1513)

A. The director of the health and human services agency shall not be entitled to retain any of the fees allowed that office by law for the performance of the duties as public guardian or public conservator, and shall forthwith deposit the same in the county treasury.

B. In all proceedings, the office of the public guardian shall be represented by the county counsel, except that the director of the health and human services agency may, but is not required to employ private counsel in those conservatorship matters governed exclusively by Parts 3 and 4 of Division 4 of the California Probate Code, commencing with Section 1800, where the director of the health and human services agency is requested to act as conservator by a member of the general public who is represented by private counsel.

C. Nothing contained herein shall be construed as prohibiting the director of the health and human services agency, while acting as the public conservator or public guardian, from employing private counsel to provide supplementary legal services if the county counsel recommends such employment. In all cases in which a private attorney is so employed, the compensation of the private attorney shall be derived solely from the assets of the estate involved in the legal proceeding, in the form of fees as authorized by the court.

(Ord. 1229 § 4 (part), 2003: Ord. 769 § 1 (part), 1984: prior code 1515)

No additional compensation shall be paid to the director of the health and human services agency for the services that individual renders in fulfilling the offices and performing the duties of public conservator or public guardian; provided, however, that the director of the health and human services agency shall be allowed actual and necessary traveling expenses in the discharge of official duties, which expenses shall be claimed in the manner and at the rate prescribed by the board of supervisors from time to time, to the extent such expenses are not paid by an estate.

(Ord. 1229 § 4 (part), 2003: Ord. 769 § 1 (part), 1984: prior code § 1514)