Public guardians and public administrators.

Plain English Breakdown

Checked against official source text during the last sync.

Rules for Public Guardians and Administrators

This law sets rules for public guardians and administrators who help protect people's health and safety or manage their property when no one else can do it.

What This Bill Does

• It tells a court to order a public guardian to become a legal protector if there is an urgent need and no other person can take the job.
• It gives public guardians the power to control someone's property and stop others from changing or selling that property without permission.
• It requires financial institutions and agencies to give information about property to public guardians and administrators when asked, even without proof of death or court orders.
• It allows courts to fine people who do not follow these rules for giving out the required information.

Who It Names or Affects

• Public guardians and administrators
• Courts that handle legal protection cases
• Financial institutions and agencies

Terms To Know

public guardian

A person appointed by the court to protect someone who cannot take care of themselves or their property.

conservator

Someone legally responsible for managing another person's financial affairs when they are unable to do so.

Limits and Unknowns

• The bill does not specify how much the fines can be beyond $1,000 per violation.
• It is unclear what happens if a public guardian or administrator abuses their powers.

Official Summary Text

AB 1660, as amended, Schiavo.
Public guardians and public administrators.
Existing law requires a public guardian to apply for appointment as a guardian or conservator of the person, the estate, or the person and
estate,
estate
if there is an imminent threat to a person’s health or safety or the person’s estate, there is no one else who is qualified and willing to act, as specified, the appointment would be in the best interests of the person, and the person is domiciled in the county. Existing law similarly requires a court to order a public guardian of a county to apply for appointment as a guardian or conservator if it appears that there is no one else who is qualified and willing to act, that the appointment as guardian or conservator appears to be in the best
interests of the person, and the person is domiciled in the county. Existing law grants
public guardians
a public guardian
a variety of powers, including the right to take control of real or personal property, issue written certification of this fact, and to restrain any person from
entering,
transferring,
encumbering, or disposing of any real or personal property held in a trust, as specified. Existing law requires a financial institution or other person, without inquiring into the truth of the written certification and without court order or letters being issued, to provide the public guardian or public conservator with specified
information and to take specified actions.
Existing law establishes the public administrator as an officer of a county. Existing law regulates the administration of estates of decedents and permits the public administrator to be appointed to administer these estates under certain circumstances. Existing law grants public administrators a variety of powers in this regard, including the right to take control of a decedent’s property, issue written certification of this fact, and summarily dispose of property, as specified. Existing law requires a financial institution, government or private agency, retirement fund administrator, insurance company, licensed securities dealer, or other person, without inquiring into the truth of the written certification, without requiring a death certificate, without charge, and without court order or letters being issued, to perform specified functions, including providing the public administrator complete information concerning
property held in the name of the decedent, including names and addresses of beneficiaries or joint owners, as specified.
This bill would
require
authorize
a court to award sanctions of no less than $1,000 per violation for fees paid and costs incurred for failure of a financial institution, government or private agency, retirement fund administrator, insurance company, licensed securities dealer, or other person, as specified, to comply with these requirements.

Current Bill Text

Download Bill PDF