Existing law authorizes a county public guardian or conservator to take temporary possession or control of real and personal property of a person in the county who requires a guardian or conservator, as specified, if the property is subject to loss, injury, waste, or misappropriation. Existing law authorizes a public guardian to issue a written certification for purposes of taking possession or control of property in this regard, which may be recorded and which is effective for 15 days after the date of issuance. Existing law requires a financial institution or other person, without inquiring into the truth of the written certification and without court order being issued, to provide the public guardian information concerning property held in the sole name of the proposed ward or conservatee and to surrender to the public guardian property of the proposed ward or conservatee that is subject to loss, injury, waste, or misappropriation. Existing law immunizes the financial institution or other person from any liability for any act or omission of the public guardian with respect to the property.

This bill would authorize a public guardian or public conservator, if he or she intends to apply for appointment as the guardian or conservator of a person domiciled in the county, to restrain the transfer, encumbrance, or disposal of real or personal property held in a trust for that person, if certain requirements are met, except as specified. The bill would prescribe a certification form in this regard, which may be recorded in the case of real property, and which may be provided to a financial institution. The bill would require a financial institution that receives the certification to provide information to the public guardian or public conservator and to restrain the transfer, encumbrance, or disposal of the property at issue without the necessity of inquiring into the truth of the certification and without court order or letters being issued. The bill would also extend to 30 days the period that the written certification issued for purposes of taking possession or control of property is effective.