Public guardians and public administrators

The law extends and standardizes official certificates used to obtain asset information, protect property, and access safe-deposit boxes. It also creates financial penalties for entities that do not comply after notice.

What the law does ​

• Extends public guardian, public conservator, and public administrator certificates of authority from 30 to 60 days.
• Requires certificates to include identifying information such as the individual’s Social Security number, date of birth, and last address, and establishes forms for public-administrator and summary-administration certificates.
• Requires financial institutions and other holders of property to provide information and, where authorized, surrender or protect property upon receiving a valid certificate.
• Allows public administrators to obtain information about property and access safe-deposit boxes held in a decedent’s name, rather than only those held solely in the decedent’s name.
• Allows public administrators handling estates of $50,000 or less without court authorization to obtain information, access safe-deposit boxes or storage facilities, and take possession of a decedent’s property.
• Authorizes court sanctions of at least $1,000 per violation, for costs and fees incurred, when an entity fails to comply after at least 30 days’ written notice.

Who it affects ​

• County public guardians, public conservators, and public administrators.
• Proposed wards and conservatees whose property may be at risk of loss, waste, injury, or misappropriation.
• Decedents’ estates, beneficiaries, joint owners, and people with property held in affected trusts.
• Financial institutions, insurers, retirement-fund administrators, securities dealers, storage-facility operators, and other entities holding relevant property.

Context ​

The law preserves liability protection for institutions that provide information, allow authorized access, or surrender property based on these certificates.