Chapter 2.40
PUBLIC GUARDIAN AND PUBLIC ADMINISTRATOR
Sections:
2.40.005 Office of public administrator—History.
2.40.010 Office of public guardian—History.
2.40.015 Termination of the district attorney as ex officio public administrator.
2.40.020 Human services director designated as public administrator and public guardian.
2.40.025 Qualifications, oath and bond.
2.40.060 Contracts for the services of professionals and consultants.
2.40.070 Investigation regarding residency and property in Humboldt County.
2.40.080 Discretion to accept appointment as public guardian.
2.40.005 Office of public administrator—History.
A. The office of public administrator is one of the elected county offices identified and established by Article 4, Section 32 of the Nevada Constitution. Until July 1, 2009, the public administrator was an elected county official in Humboldt County.
B. Pursuant to an amendment to NRS 253.010(4), which became effective on July 1, 2009, the Humboldt County district attorney served as the ex officio public administrator. (Ord. 03-18-24 § 1)
2.40.010 Office of public guardian—History.
A. Pursuant to NRS 253.150, the board of county commissioners established the office of public guardian on August 10, 1993, by Ordinance 8-10-93 and appointed the duly elected Humboldt County public administrator as the public guardian. From August 10, 1993, to July 1, 2009, the public administrator performed the duties of the public guardian.
B. Pursuant to an amendment to NRS 253.010(4) which became effective on July 1, 2009, the Humboldt County district attorney served as the ex officio public administrator. As a result of the appointment by Ordinance 8-10-93 in the Humboldt County code, which stated that the public administrator shall be appointed as the public guardian, the district attorney also served as the public guardian. (Ord. 03-18-24 § 1; Ord. 8-10-93)
2.40.015 Termination of the district attorney as ex officio public administrator.
Pursuant to NRS 253.125(1), the board of county commissioners terminated the district attorney’s duties and responsibilities as ex officio public administrator and abolished the office of ex officio public administrator for Humboldt County as provided in NRS 253.010(4). (Ord. 03-18-24 § 1)
2.40.020 Human services director designated as public administrator and public guardian.
Pursuant to NRS 253.125(2) and 253.150(2)(b), the board of county commissioners designates and employs the director of the human services department as the public administrator and the public guardian in Humboldt County. (Ord. 03-18-24 § 1; Ord. 8-10-93)
2.40.025 Qualifications, oath and bond.
A. To be qualified to be the public administrator and public guardian, the human services director shall:
1. Be at least twenty-one years of age;
2. Not have been convicted of a felony for which his or her civil rights have not been restored; and
3. Not have been found liable in a civil action involving a finding of fraud, misrepresentation, material omission, misappropriation, theft or conversion.
B. The human services director shall take and subscribe to the official oath provided by NRS 282.020 for the office of human services director, public guardian and public administrator.
C. The human services director shall file with the county clerk a general bond in an amount fixed by the board of county commissioners payable to the State of Nevada with sureties approved by the board of county commissioners. The premium for the bond shall be paid from the general fund of the county and shall be conditioned upon the human services director’s faithful performance of duties.
D. The general bond and oath of the human service director are in lieu of the bonds and oath required of private guardians and administrators. (Ord. 03-18-24 § 1)
2.40.030 Compensation.
The compensation for the services of the human services director as the public guardian and public administrator shall be included in and be considered a part of the compensation of the human services director which shall be determined annually by the board of county commissioners and paid out of the county general fund. (Ord. 03-18-24 § 1; Ord. 8-10-93)
2.40.040 Duties.
A. The duties of the public guardian shall be conducted by the human services director in accordance with NRS Chapter 159, Guardianship of Adults, and NRS Chapter 253, Public Administration of Estates and Public Guardians, and shall include, but not be limited to, meeting all the legal and monthly financial obligations that are required by the Nevada Revised Statutes for the public guardian to perform for the protected person, as well as those additional duties imposed by the court. These duties include opening and closing bank, savings and other financial and insurance benefit accounts, applying for the eligibility, certification and redetermination of any public and private benefits that the protected person may be eligible for, as well due diligence efforts for the recovery of assets illegally obtained by theft or fraud from the protected person or their estate.
B. The duties of the public administrator shall be conducted by the human services director in accordance with NRS Chapter 136, Probate of Wills and Petitions for Letters, and NRS Chapter 253, Public Administration of Estates and Public Guardians, and shall include, but not be limited to, meeting all the legal and financial obligations that are required by the Nevada Revised Statutes for the public administrator to perform for the estate of the decedent, as well as those additional duties imposed by the court. These duties include the investigation of any real and personal property of the decedent, closing bank, savings, and other financial and insurance benefit accounts, and due diligence efforts in seeking the recovery of assets illegally obtained by theft or fraud from the decedent estate. (Ord. 03-18-24 § 1; Ord. 8-10-93)
2.40.050 Legal assistance.
A. The human services director may consult with the district attorney in matters relating to the performance of the duties of the office and the district attorney shall provide legal opinions to the human services department.
B. In cases in which the human services director will be and/or has been appointed and the protected person in a guardianship case or the decedent in an administration case has income and/or assets, any legal representation of the human services department when necessary shall be by a licensed attorney in private practice instead of the district attorney’s office, and all legal fees and costs shall be paid out of the assets of the estate of the protected person or of the decedent.
C. In cases in which the protected person or the decedent has no income or assets, the human services director may obtain legal assistance when necessary for the proper administration of the case from a licensed attorney in private practice or from the district attorney’s office, subject to availability of the district attorney’s office as determined by the district attorney due to staffing and/or caseload considerations, and legal and ethical potential and/or actual conflicts of interest.
D. The authorization for assistance by the district attorney’s office shall be only to the extent necessary to carry out the administration of the case for a guardianship or the estate of the decedent, and the human services director, and/or its employees, shall provide all necessary cooperation, data, forms, and history that would be necessary for the district attorney’s office to carry out its legal duties. This authorization shall not be construed to authorize the district attorney’s office to represent the protected person directly or the estate of a decedent, including, but not limited to, any ancillary matters of a private nature, such as divorce, trust or estate administration, bankruptcy, criminal defense, civil suits such as breach of contract or tort, or otherwise. (Ord. 03-18-24 § 1; Ord. 8-10-93)
2.40.060 Contracts for the services of professionals and consultants.
A. Within the limits of appropriation by the board of county commissioners, the human services director is authorized to contract for the services of professionals and consultants necessary for the performance and discharge of the duties as public guardian and public administrator without further approval by the board.
B. The human services director shall charge costs incurred in the proceedings and administrative costs for the services against the income or the estate of the protected person in a guardianship or the administration of the estate of a decedent to the extent such funds or assets exist. Any costs not covered by the estate of the protected person or the decedent shall be an expenditure to the general fund of the county. (Ord. 03-18-24 § 1)
2.40.070 Investigation regarding residency and property in Humboldt County.
A. Prior to acceptance of any appointment as public guardian, the human services director shall investigate whether the proposed protected person is a resident of Humboldt County. If it is determined that the proposed protected person is not a resident of Humboldt County, the director shall not accept an appointment as public guardian.
B. Prior to acceptance of any appointment as public administrator, the human services director shall investigate whether the decedent was a resident of Humboldt County and whether the decedent has any real property in Humboldt County. If it is determined that the decedent was not a resident of Humboldt County nor an owner of any interest in real property in Humboldt County, the director shall not accept an appointment as public administrator. (Ord. 03-18-24 § 1)
2.40.080 Discretion to accept appointment as public guardian.
A. The appointment of the public guardian is the guardian of last resort in every case, and the appointment is subject to the discretion to accept by the human services director. A referral to the human services director must be submitted with prior notice of any hearing in which the human services director may be appointed as public guardian. The human services director must evaluate the referral for a proposed protected person prior to any acceptance.
B. The human services director shall investigate to determine if the proposed protected person is a resident of Humboldt County, which is necessary for the appointment as public guardian. The human services director shall investigate whether the acceptance of an appointment by a facility or organization as a Social Security representative payee satisfies all of the needs of the proposed protected person, thereby eliminating the need for the appointment of the public guardian.
C. The human services director shall not accept the guardianship of any individual who does not require placement in a skilled nursing facility or other residential facility providing twenty-four-hour oversight of the protected person.
D. The human services director shall have full discretion to accept or decline the appointment as public guardian of any individual upon a determination that the resources of the human services department are depleted and/or inadequate due to such reasons including, but not limited to, staffing and/or caseload considerations, any extraordinary needs of the proposed protected person and/or any other basis limiting or restricting the resources to adequately provide the proper level of services for a proposed protected person. (Ord. 03-18-24 § 1)