§ 2.32.050. Powers, duties and scope of representation.

A.

The director of the health and human services agency shall not be entitled to retain any of the fees allowed that office by law for the performance of the duties as public guardian or public conservator, and shall forthwith deposit the same in the county treasury.

B.

In all proceedings, the office of the public guardian shall be represented by the county counsel, except that the director of the health and human services agency may, but is not required to employ private counsel in those conservatorship matters governed exclusively by Parts 3 and 4 of Division 4 of the California Probate Code, commencing with Section 1800, where the director of the health and human services agency is requested to act as conservator by a member of the general public who is represented by private counsel.

C.

Nothing contained herein shall be construed as prohibiting the director of the health and human services agency, while acting as the public conservator or public guardian, from employing private counsel to provide supplementary legal services if the county counsel recommends such employment. In all cases in which a private attorney is so employed, the compensation of the private attorney shall be derived solely from the assets of the estate involved in the legal proceeding, in the form of fees as authorized by the court.

(Ord. 1229 § 4 (part), 2003: Ord. 769 § 1 (part), 1984: prior code 1515)