State Public Guardian.

Plain English Breakdown

It is unclear whether the bill will be funded and when it will take effect.

State Public Guardian

This law establishes the position of State Public Guardian within the California Health and Human Services Agency's Department of Social Services to assist counties with their duties as public guardians or conservators, providing guidance and training materials.

What This Bill Does

• Establishes the position of State Public Guardian within the California Health and Human Services Agency's Department of Social Services upon appropriation by the Legislature.
• Requires the State Public Guardian to provide guidance and technical assistance to local public guardians and conservators to ensure compliance with state and federal laws.
• Promotes access to training materials for public guardians and conservators, including those needed for continuing education.
• Limits the duties of the State Public Guardian to supporting public guardianships and conservatorships under the Probate Code.

Who It Names or Affects

• Counties that have public guardian or conservator positions
• Local public guardians and conservators

Terms To Know

Public Guardian

A county official who can become a legal guardian for people who need one but don't have anyone else to do it.

Probate Code

The set of laws that deal with wills, trusts, and guardianships in California.

Limits and Unknowns

• It is not clear when the bill will be funded or put into action.
• The duties of the State Public Guardian do not include conservatorships for people with a grave disability under the Lanterman-Petris-Short Act.

Official Summary Text

AB 2283, as amended, Jeff Gonzalez.
State Public Guardian.
Existing law establishes the State Department of Social Services in the California Health and Human Services Agency.
Existing law authorizes the public guardian, a county position, to apply for appointment as guardian or conservator of the person, estate, or both, of any person domiciled in the county requiring a guardian or conservator if there is no one else who is qualified and willing to act and whose appointment would be in the best interest of the person, or if there is an imminent threat to a person’s health or safety or the person’s estate. The public guardian is required to apply for appointment if ordered by the court.
This bill would require, upon appropriation by the Legislature, the
Judicial Council
State Department of Social Services
to establish the position of the State Public Guardian to assist counties with performing their duties as a public guardian or public conservator. The bill would require the State Public Guardian to perform specified duties, including, among other things, providing guidance and technical assistance to local public guardians and public conservators to ensure compliance with applicable state and federal laws and promoting access to training materials necessary to perform the duties of a public guardian or public conservator, including materials required for compliance with continuing education requirements. The bill would limit the duties of the State Public Guardian to support of public guardianships and public conservatorships under the Probate Code and, to the extent possible, not those conservatorships for persons with a grave disability pursuant to the Lanterman-Petris-Short Act. The bill would make related findings and
declarations.

Current Bill Text

Download Bill PDF