SECTIONS 2920-2923 - California Statutes

PROBATE CODE

SECTION 2920-2923

2920. (a) If any person domiciled in the county requires a guardian
or conservator and there is no one else who is qualified and willing
to act and whose appointment as guardian or conservator would be in
the best interests of the person, then either of the following shall
apply:
(1) The public guardian shall apply for appointment as guardian or
conservator of the person, the estate, or the person and estate, if
there is an imminent threat to the person's health or safety or the
person's estate.
(2) The public guardian may apply for appointment as guardian or
conservator of the person, the estate, or the person and estate in
all other cases.
(b) The public guardian shall apply for appointment as guardian or
conservator of the person, the estate, or the person and estate, if
the court so orders. The court may make an order under this
subdivision on motion of an interested person or on the court's own
motion in a pending proceeding or in a proceeding commenced for that
purpose. The court shall order the public guardian to apply for
appointment as guardian or conservator of the person, the estate, or
the person and estate, on behalf of any person domiciled in the
county who appears to require a guardian or conservator, if it
appears that there is no one else who is qualified and willing to
act, and if that appointment as guardian or conservator appears to be
in the best interests of the person. However, if prior to the filing
of the petition for appointment it is discovered that there is
someone else who is qualified and willing to act as guardian or
conservator, the public guardian shall be relieved of the duty under
the order. The court shall not make an order under this subdivision
except after notice to the public guardian for the period and in the
manner provided for in Chapter 3 (commencing with Section 1460) of
Part 1, consideration of the alternatives, and a determination by the
court that the appointment is necessary. The notice and hearing
under this subdivision may be combined with the notice and hearing
required for appointment of a guardian or conservator.
(c) The public guardian shall begin an investigation within two
business days of receiving a referral for conservatorship or
guardianship.

2921. An application of the public guardian for guardianship or
conservatorship of the person, the estate, or the person and estate,
of a person who is under the jurisdiction of the State Department of
Mental Health or the State Department of Developmental Services may
not be granted without the written consent of the department having
jurisdiction of the person.

2922. If the public guardian is appointed as guardian or
conservator:
(a) Letters shall be issued in the same manner and by the same
proceedings as letters are issued to other persons. Letters may be
issued to "the public guardian" of the county without naming the
public guardian.
(b) The official bond and oath of the public guardian are in lieu
of the guardian or conservator's bond and oath on the grant of
letters.

2923. On or before January 1, 2008, the public guardian shall
comply with the continuing education requirements that are
established by the California State Association of Public
Administrators, Public Guardians, and Public Conservators.