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.