Appointment of public guardians.
SB 561
California Bills
20250SB__056195AMD INTRODUCED 2025-02-20 AMENDED_SENATE 2025-04-07 AMENDED_ASSEMBLY 2025-06-23 AMENDED_ASSEMBLY 2026-06-11 AMENDED_ASSEMBLY 2026-07-02 2025 SB AMD Introduced by Senator Blakespear LEAD_AUTHOR SENATE Blakespear
An act to amend
Section of the Probate Code, relating to guardians. guardians Appointment of public guardians. 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, 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 requires the public guardian to begin an investigation within business days of receiving a referral for conservatorship or guardianship.
This bill would require investigation to conclude no more than business days after receiving the referral, unless there is good cause for an extension. The bill would require the public guardian to notify the referring party of the determination made at the conclusion of the investigation or notify the referring party of the extension. If the public guardian determines a conservatorship pursuant to the Lanterman-Petris-Short Act would be more appropriate for a proposed conservatee, the bill would require the public guardian to make a referral for investigation pursuant to that act.
If the public guardian determines during an investigation pursuant to the act that a probate conservatorship would be more appropriate, the bill would require the public guardian to make a referral for probate investigation. If the public guardian refers an investigation, the bill would require the original investigation to remain open until the conclusion of the referred investigation.
By imposing new duties on the public guardian, a county officer, the bill would impose a state-mandated local program.</xhtml:p>"?> This bill would require the public guardian to also acknowledge receipt of the referral within business days and conclude the investigation within a reasonable period of time. For referrals for conservatorship, the bill would require the investigation to include a determination of whether or not a temporary or general conservatorship is warranted and would require the public guardian to inform the referring party of the investigation status upon request.
By imposing new duties on the public guardian, a county officer, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:
SECTION 1.
Section of the Probate Code is amended to read: 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)
(1) The public guardian shall acknowledge receipt of the referral and begin an investigation within two business days of receiving a referral for conservatorship or guardianship.
The investigation shall conclude within a reasonable period of time. (1)<xhtml:span class="EnSpace"/>The determination made at the conclusion of the investigation.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>The extension of the investigation.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>If, during the investigation pursuant to subdivision (c), the public guardian determines a conservatorship pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with
Section 5000) of Division of the Welfare and Institutions Code) would be more appropriate for a proposed conservatee, the public guardian shall make a referral for investigation pursuant to the Lanterman-Petris-Short Act. The investigation opened pursuant to subdivision (
c) shall remain open until the conclusion of the investigation pursuant to the Lanterman-Petris-Short Act.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>If, during an investigation pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with
Section 5000) of Division of the Welfare and Institutions Code), the public guardian determines a conservatorship pursuant to subdivision (
c) would be more appropriate for a proposed conservatee, the public guardian shall make a referral for investigation pursuant to subdivision (c). The investigation opened pursuant to the Lanterman-Petris-Short Act shall remain open until the conclusion of the investigation pursuant to subdivision (c).</xhtml:p>"?>
(2) For referrals for conservatorship, the investigation shall include a determination of whether or not a temporary or general conservatorship is warranted. The public guardian shall inform the referring party of the status of the investigation upon request.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to