AB1660 - Public guardians and public administrators.

Enrolled August 21, 2026 Passed IN Senate August 17, 2026 Passed IN Assembly August 19, 2026 Amended IN Senate August 04, 2026 Amended IN Senate June 25, 2026 Amended IN Senate June 15, 2026 Amended IN Assembly April 09, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1660 Introduced by Assembly Member Schiavo January 29, 2026 An act to amend Sections 2901, 2901.5, 7603, and 7660 of the Probate Code, relating to probate. LEGISLATIVE COUNSEL'S DIGEST AB 1660, Schiavo. Public guardians and public administrators. 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 person’s health or safety or the person’s 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 grants a public guardian a variety of powers, including the right to take control of real or personal property, issue written certification of this fact, and restrain a person from transferring, encumbering, or disposing of real or personal property held in a trust, as specified. Under existing law, a written certification issued by a public guardian and public conservator for these purposes is valid for 30 days after its issuance. Existing law requires a financial institution or other person, without inquiring into the truth of the written certification and without court order or letters being issued, to provide the public guardian or public conservator with specified information, including, among other things, property held in the sole name of the proposed ward or conservatee, and to take specified actions. Existing law establishes the public administrator as an officer of a county. Existing law regulates the administration of estates of decedents and permits the public administrator to be appointed to administer these estates under certain circumstances. Existing law grants public administrators a variety of powers in this regard, including the right to take control of a decedent’s property, issue written certification of this fact, and summarily dispose of property, as specified. Under existing law, a written certification issued by a public administrator for these purposes is valid for 30 days after its issuance. Existing law requires a financial institution, governmental or private agency, retirement fund administrator, insurance company, licensed securities dealer, or other person, without inquiring into the truth of the written certification, without requiring a death certificate, without charge, and without court order or letters being issued, to perform specified functions, including providing the public administrator complete information concerning property held in the sole name of the decedent, including names and addresses of beneficiaries or joint owners, and granting the public administrator access to a safe-deposit box rented in the sole name of the decedent, as specified. This bill would remove the requirement that the property be held, or the safe-deposit box be rented, in the sole name of the decedent. The bill would authorize a court to award sanctions of no less than $1,000 per violation for fees paid and costs incurred for failure of a financial institution, governmental or private agency, retirement fund administrator, insurance company, licensed securities dealer, or other person, as specified, to comply with these requirements following receipt of service of notice of at least 30 days. The bill would make written certifications issued by a public guardian, public conservator, and public administrator to take possession or control of property valid for 60 days and would make changes to the form that a written certification is required to substantially comply with, including, among other things, requiring the social security number, date of birth, and last address of the individual to which the written certification applies. The bill would also provide a form for the written certifications for summary administration and summary disposition and would require that those certifications substantially comply with that form. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 2901 of the Probate Code is amended to read: 2901. (a) A public guardian who is authorized to take possession or control of property under this chapter may issue a written certification of that fact. The written certification is effective for 60 days after the date of issuance. (b) The written recordable certification shall substantially comply with the following form: “CERTIFICATE OF AUTHORITY THIS IS AN OFFICIAL CERTIFICATE ENTITLING THE PUBLIC GUARDIAN TO OBTAIN INFORMATION AND TAKE POSSESSION OF ANY AND ALL PROPERTY BELONGING TO THE FOLLOWING INDIVIDUAL: (Full Name of Individual) _____________ (Social Security Number) _____________ (Date of Birth) _____________ (Last Address) _____________ This Certificate of Authority has been issued by the Public Guardian pursuant to and in compliance with Chapter 1 (commencing with Section 2900) of Part 5 of Division 4 of the California Probate Code. Under California law, this Certificate of Authority authorizes the Public Guardian to obtain information and take possession or control of property belonging to the above-named individual. SPECIAL NOTE TO FINANCIAL INSTITUTIONS: State law requires that upon receiving a copy of this Certificate of Authority, financial institutions shall provide the public guardian with information concerning property held by the above-named individual and surrender the property to the Public Guardian if requested. Failure to complete these requests may result in fines imposed by the court in the amount of no less than $1,000 per violation for costs and fees incurred (Section 2901 of the California Probate Code). When serving this Certificate of Authority, the Public Guardian or their designated personnel shall present official county identification and, in some cases, a county-issued badge. A financial institution seeking to verify the identity or authority of personnel should use the following county contact points: Telephone: _____ Email: _____ Website: _____ The Public Guardian and their designated personnel are not required to provide their State of California-issued driver’s license, identification card, or personal information, including home address, social security number, or date of birth. They are serving in an official capacity, and their personal information is not relevant to their official duties. A deputy Public Guardian who is acting in the course and scope of their employment is not a “member of the public” but rather is carrying out the duties of the Public Guardian in their official capacity (Section 7920.515 of the California Government Code). It is important that a financial institution timely comply with this Certificate of Authority. In many cases, placement and treatment are pending. Receipt of this Certificate of Authority: (a) Constitutes a finding that the property is subject to loss, injury, waste, or misappropriation; and (b) Constitutes sufficient acquittance for providing information and surrendering property; and (c) Fully discharges the financial institution or other person from any liability for an act or omission of the Public Guardian with respect to the property as provided under Section 2901 of the California Probate Code. This Certificate of Authority shall only be valid when signed and dated by the Public Guardian or a deputy Public Guardian of the County of _____ and affixed with the official seal of the Public Guardian below. This Certificate of Authority expires 60 days after the date of issuance. Signature of Public Guardian: Date: Official Seal” (c) The public guardian may record a copy of the written certification in any county within which real property that the public guardian is authorized to take possession or control under this chapter is located. (d) (1) A financial institution or other person shall, without the necessity of inquiring into the truth of the written certification and without court order or letters being issued: (A) Provide the public guardian information concerning property held in the name of the proposed ward or conservatee. (B) Surrender to the public guardian property of the proposed ward or conservatee that is subject to loss, injury, waste, or misappropriation. (2) Failure to comply with the requirements of paragraph (1) following the receipt of service on a financial institution or other person of at least 30 days’ written notice to comply may result in monetary sanctions pursuant to court order of no less than one thousand dollars ($1,000) per violation for costs and fees incurred. The 30 days’ written notice to comply shall be served in accordance with Section 684.115 of the Code of Civil Procedure. (e) Receipt of the written certification: (1) Constitutes sufficient acquittance for providing information and for surrendering property of the proposed ward or conservatee. (2) Fully discharges the financial institution or other person from any liability for any act or omission of the public guardian with respect to the property. SEC. 2. Section 2901.5 of the Probate Code is amended to read: 2901.5. (a) A public guardian or public conservator, who is authorized to restrain a person from transferring, encumbering, or in any way disposing of real or personal property held in a trust in accordance with paragraph (2) of subdivision (a) of Section 2900, may issue a written certification of that fact. The written certification is effective for 60 days after the date of issuance. (b) The written recordable certification shall substantially comply with the following form: “CERTIFICATE OF AUTHORITY THIS IS AN OFFICIAL CERTIFICATE ENTITLING THE PUBLIC GUARDIAN/PUBLIC CONSERVATOR TO RESTRAIN ANY PERSON FROM TRANSFERRING, ENCUMBERING, OR IN ANY WAY DISPOSING OF ANY REAL OR PERSONAL PROPERTY HELD IN THE FOLLOWING TRUST: (Name of Trust) _____________ THE PUBLIC GUARDIAN/PUBLIC CONSERVATOR HAS DETERMINED THAT IT HAS AUTHORITY TO ISSUE THIS CERTIFICATE WITH RESPECT TO THE ABOVE-NAMED TRUST AND IN CONNECTION WITH PROCEEDINGS THAT ARE OR WILL BE PENDING RELATED TO THE FOLLOWING INDIVIDUAL: (Full Name of Individual) _____________ (Social Security Number) _____________ (Date of Birth) _____________ (Last Address) _____________ This Certificate of Authority has been issued by the Public Guardian/Public Conservator pursuant to and in compliance with Chapter 1 (commencing with Section 2900) of Part 5 of Division 4 of the California Probate Code. Under California law, this Certificate of Authority authorizes the Public Guardian/Public Conservator to restrain any person from transferring, encumbering, or in any way disposing of any real or personal property held in the above-named trust. SPECIAL NOTE TO FINANCIAL INSTITUTIONS: State law requires that, upon receiving a copy of this Certificate of Authority, financial institutions shall provide the Public Guardian/Public Conservator with information concerning property held in the above-named trust and shall restrain any person from transferring, encumbering, or in any way disposing of any real or personal property held in the above-named trust. Failure to complete these requests may result in fines imposed by the court in the amount of no less than $1,000 per violation for costs and fees incurred (Section 2901.5 of the California Probate Code). When serving this Certificate of Authority, the Public Guardian/Public Conservator or their designated personnel shall present official county identification and, in some cases, a county-issued badge. A financial institution seeking to verify the identity or authority of personnel should use the following county contact points: Telephone: _____ Email: _____ Website: _____ The Public Guardian/Public Conservator and their designated personnel are not required to provide their State of California-issued driver’s license, identification card, or personal information, including home address, social security number, or date of birth. They are serving in an official capacity, and their personal information is not relevant to their official duties. A deputy Public Guardian/Public Conservator who is acting in the course and scope of their employment is not a “member of the public” but rather is carrying out the duties of the Public Guardian in their official capacity (Section 7920.515 of the California Government Code). It is important that a financial institution timely comply with this Certificate of Authority. In many cases, placement and treatment are pending. Receipt of this Certificate of Authority: (a) Constitutes a finding that the property is subject to loss, injury, waste, or misappropriation; and (b) Constitutes sufficient acquittance for providing information and surrendering property; and (c) Fully discharges the financial institution or other person from any liability for an act or omission of the Public Guardian/Public Conservator with respect to the property as provided under Section 2901.5 of the California Probate Code. This Certificate of Authority shall only be valid when signed and dated by the Public Guardian/Public Conservator or a deputy Public Guardian/Public Conservator of the County of _____ and affixed with the official seal of the Public Guardian/Public Conservator below. This Certificate of Authority expires 60 days after the date of issuance. Signature of Public Guardian/Public Conservator: Date: Official Seal” (c) The public guardian or public conservator may record a copy of the written certification in any county within which real property held in a trust that the public guardian or public conservator has determined it has authority to issue the written certification is located. (d) (1) A financial institution or other person who is provided with the written certification by the public guardian or public conservator shall, without the necessity of inquiring into the truth of the written certification and without court order or letters being issued: (A) Provide the public guardian or public conservator information concerning any real or personal property held in the trust identified in the written certification. (B) Restrain a person from transferring, encumbering, or in any way disposing of real or personal property held in the trust identified in the written certification. (2) Failure to [Text truncated for display. Full text available on Congress.gov.]