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The Public Administrator/Public Guardian shall appoint and deploy such personnel as may be necessary to conduct the business of the Office and as authorized by the Compensation Ordinance of the County of San Diego. All appointments and employments made by the Public Administrator/Public Guardian shall be in accordance with the provisions of the County Charter, Civil Service Rules and County ordinances.
(Added by Ord. No. 9754 (N.S.), effective 3-2-06; amended by Ord. No. 10319 (N.S.), effective 2-27-14)
(a) The Public Administrator/Public Guardian is authorized to perform the duties of a Public Administrator pursuant to the California Probate Code and general law, and to perform the duties of a Public Guardian pursuant to the Government Code.
(b) Upon the request of the court or of any County officer or department head, the Public Administrator/Public Guardian is hereby authorized to petition for appointment as guardian of the person or estate or person and estate of any incompetent or minor person applying for, receiving or having received, charity, relief, hospitalization, medical, surgical or institutional care under the laws of this State.
(c) The Public Administrator/Public Guardian is hereby authorized to be appointed trustee of any trust as authorized by and pursuant to the Probate Code.
(d) The Public Administrator/Public Guardian shall charge fees and commissions as authorized by the Probate Code, and where required by law or where the Public Administrator/Public Guardian otherwise deem as appropriate, as approved by the court. Additionally, whenever the Public Administrator/Public Guardian shall have taken charge of assets of a decedent pursuant to Probate Code Section 2900, and no probate proceedings are required and the property is subject to release to heirs or next of kin pursuant to the provisions of Probate Code Section 13100, the Public Administrator/Public Guardian may, at the request and direction of the person or persons executing the affidavit required by Probate Code Section 13101, sell such property on behalf of and forward the net proceeds of said sale to the persons entitled thereto. The Public Administrator/Public Guardian shall charge and deduct from the gross proceeds of such sale necessary expenses of sale to effect full cost recovery.
(e) The Public Administrator/Public Guardian may at the request of any executor, administrator, fiduciary or public agency sell personal property on behalf of such executor, administrator, fiduciary or public agency at public sale and forward the net proceeds of said sale to the appropriate executor, administrator, fiduciary or public agency. The Public Administrator/Public Guardian shall charge and deduct from the gross proceeds of such sale necessary expenses of sale to effect full cost recovery.
(f) The Public Administrator/Public Guardian may also be assigned such other duties as may be required or permitted by law.
(g) Notwithstanding any other provision of this Article, the position of Public Administrator may be made to be a distinct office from the Public Guardian, with different individuals appointed to each respective office.
(Added by Ord. No. 9754 (N.S.), effective 3-2-06; amended by Ord. No. 10319 (N.S.), effective 2-27-14; amended by Ord. No. 10689 (N.S.), effective 12-17-20; amended by Ord. No. 10809 (N.S.), effective 11-10-22)
The Public Administrator/Public Guardian shall in every such proceeding collect the guardian's, conservator's, or trustee's fee allowed by the court and forthwith pay the same into the County treasury.
(Added by Ord. No. 9754 (N.S.), effective 3-2-06; amended by Ord. No. 10319 (N.S.), effective 2-27-14)
The County Counsel shall act as attorney for the Public Administrator/Public Guardian in the matter of all estates in which he or she is appointed as guardian, conservator, or trustee, or shall approve the use of outside counsel in such matters. In every proceeding for which County Counsel acts as attorney for the Public Administrator/Public Guardian, County Counsel shall collect the attorney's fee allowed therein by law or by the court and forthwith pay the same into the County treasury.
(Added by Ord. No. 9754 (N.S.), effective 3-2-06; amended by Ord. No. 10319 (N.S.), effective 2-27-14; amended by Ord. No. 10689 (N.S.), effective 12-17-20)
Within the limitations of his or her personnel, the Public Administrator/Public Guardian may prepare copies of those public documents in his office which are open to public inspection. For all copies so prepared, the Public Administrator/Public Guardian may collect a fee of fifty cents per copy to cover direct costs.
(Added by Ord. No. 9754 (N.S.), effective 3-2-06; amended by Ord. No. 10319 (N.S.), effective 2-27-14)