SB 561: Appointment of public guardians.

Session Year: 2025-2026
House: Senate
Latest Version Date: 2026-07-02

Current Status:

In Progress

(2026-08-06: Read second time. Ordered to third reading.)

Introduced

In Committee

Awaiting First Chamber Vote

Passed First Chamber

In Committee

Awaiting Second Chamber Vote

Passed Second Chamber

Enacted

Version:

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 persons health or safety or the persons 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 2 business days of receiving a referral for conservatorship or guardianship.

This bill would require investigation to conclude no more than 15 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.

This bill would require the public guardian to also acknowledge receipt of the referral within 2 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.

Discussed in Hearing