California Welfare and Institutions Code 5355 – If the conservatorship investigation results in a recommendation for …
If the conservatorship investigation results in a recommendation for conservatorship, the recommendation shall designate the most suitable person, corporation, state or local agency or county officer, or employee designated by the county to serve as conservator. No person, corporation, or agency shall be designated as conservator whose interests, activities, obligations or responsibilities are such as to compromise his or her or their ability to represent and safeguard the interests of the conservatee. Nothing in this section shall be construed to prevent the State Department of State Hospitals from serving as guardian pursuant to Section 7284, or the function of the conservatorship investigator and conservator being exercised by the same public officer or employee.
When a public guardian is appointed conservator, his or her official bond and oath as public guardian are in lieu of the conservator’s bond and oath on the grant of letters of conservatorship. No bond shall be required of any other public officer or employee appointed to serve as conservator.
Terms Used In California Welfare and Institutions Code 5355
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- County: includes "city and county. See California Welfare and Institutions Code 14
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Oath: includes affirmation. See California Welfare and Institutions Code 16
- Oath: A promise to tell the truth.
(Amended by Stats. 2012, Ch. 24, Sec. 131. (AB 1470) Effective June 27, 2012.)